JUDGMENT - M.P. KANADE, J.:---By this application under Article 227 of the Constitution of India, the petitioner-original owner of land Survey No. 61/1 admeasuring 18 acres and 28 Gunthas and land Survey No. 53/AA admeasuring 18 acres and 1 guntan, both the lands situated at Simodi, Taluka Kalamanuri, District Parbhani, the judgment and order dated August 14, 1975 passed by the learned member of Maharashtra Revenue Tribunal is challenged.

2. The few facts leading to this petition are….

That the respondent No. 1 and one Kondiba, whose heirs are respondents No. 2 3 on record, were declared the owner under the provisions of section 38-E of Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as the 'Tenancy Act'). The date of declaration of ownership is May 25, 1957. It further appears that in the exercise of powers under sub-section (3) of section 38-E of the Tenancy Act the learned Tahsildar fixed the price of the said land at Rs. 4,115.12/- in respect of the land Survey No. 61/1 and Rs. 354/- in respect of land Survey No. 53/AA. The learned Tahsildar who fixed the price also fixed the specified dates for payment at the specified rates of instalments each ye

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