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1989 Supreme(Bom) 36

B.N.DESHMUKH, P.V.NIRGUDKAR
Tukaram s/o Laxman Gandewar – Appellant
Versus
Piraji s/o Dharmaji Sidarwar Died through L. Rs – Respondent


JUDGMENT - B.N. DESHMUKH, J.:---The petitioner challenges the orders passed against him for restoration of possession of agricultural land bearing Survey No. 56/AA admeasuring 11 acres 37 gunthas of village walki-Buj Taluka Kinwat, in favour of deceased respondent Piraji who is now represented by respondents Nos. 1 to 3.

2. The land originally belonged to one Sakharam Bhumayya Gandewar, a non tribal from whom deceased Piraji purchased under a sale deed dated 24-4-1974. Later on deceased Piraji sold this land to petitioner under a sale deed dated 9-9-1974.

3. The proceedings under section 36-A were initiated for restoration of possession of this land to deceased respondent Piraji on the ground that the sale is in contravention of provisions of section 36-A of Maharashtra Land Revenue Code.

4. The authorities granted restoration in favour of deceased Piraji on the ground that Piraji is a tribal and occupancy of the tribal is transferred in favour of the petitioner who is non-tribal after provisions of section 36-A of the Maharashtra Land Revenue Code, 1966 brought into force.

5. Shri Patki, learned Counsel appearing for the petitioner challenges the orders of restoration in favour of dec














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