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1989 Supreme(Bom) 337

H.SURESH
Tribhavandas Jeevraj Patel & others – Appellant
Versus
Babu Govind Ghatal since (decd. ) by his heirs & legal representatives & others – Respondent


JUDGMENT - H. SURESH, J.:---Petitioner No. 5 was the owner of certain lands which are all agricultural lands referred to in this petition as "the suit lands'. One Babu Govinda Ghatal (deceased) was the owner in respect of the suit lands. The present respondents Nos. 1 to 7 are the heirs and legal representatives of the said tenant and petitioners Nos. 1 to 4 are the purchasers of the suit lands from petitioner No. 5.

2. It appears that since the suit lands were covered by the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act"), as on 1-4-1957, the deceased tenant was entitled to be declared as the owner of the suit lands. Thereafter, the proceedings under the Tenancy Act commenced and by an order dated 22nd May, 1959 the purchase price payable in respect of the suit lands was fixed as per section 32-G of the Tenancy Act. However, the deceased tenant did not pay any of the instalments payable as per the said order. On 2nd November, 1965 the said deceased tenant made a statement before the Tahsildar that he was unable to pay the purchase price. Pursuant to this, an order under section 32-P of the Tenancy Act was passed on 2















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