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1991 Supreme(Bom) 284

N.P.CHAPALGAONKER
Eknath s/o Raghoba and others – Appellant
Versus
Somla s/o Lalu Lamani through his legal heirs & others – Respondent


JUDGMENT - N.P. CHAPALGAONKER, J.:---This is a petition by purchaser - landlords challenging an order of the Deputy Collector (Land Reforms), Beed, passed under section 98-A of the Hyderabad Tenancy Agricultural Lands Act, 1950 directing restoration of possession to the tenants being purchasers. It appears that Devidas and Vaijnath and their brothers were the original owners of lands Survey Nos. 10-A, 10-E, 14-A and 14-E situated at village Morambi in Ambajogai taluka of Beed District. These lands came to be purchased by present petitioners by a registered sale-deed which was executed by owners on 16th July, 1957. It is the case of petitioners that a proper permission as was required then under section 47 of the Hyderabad Tenancy and Agricultural Lands Act was obtained for the execution of the sale-deed and though the respondents had originally objected for the issue of such permission, had subsequently withdrawn that objection and consented to the grant of permission in favour of the purchasers.

2. Before the sale-deed in favour of the present petitioners was executed, section 38-A of the Hyderabad Tenancy Agricultural Lands Act, 1950 (hereinafter called 'Hyderabad Tenancy Act'






















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