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1994 Supreme(Bom) 248

M.S.VAIDYA
Khandu Daulat Dangade – Appellant
Versus
Jaywantrao Yadavrao Kharade and others – Respondent


JUDGMENT

M.S. VAIDYA, J.:---The petitioner claims himself to be a tenant of an agricultural land bearing Consolidated Survey No. 235 of village Balwandi-Kothar, Tq. Shrigonda, District Ahmednagar. He challenges in this writ petition, the decision dated 30-3-1985 of the Maharashtra Revenue Tribunal, Pune, in Revision Application No. MRT-H-VII-5/84 (Ten. B. 185/84).

2. The facts giving rise to the litigation may be briefly stated, at the outset. One Yadavrao @ Yadu Kharade had three sons - Baburao, Jaywant and Shankar from his wife Anjanabai and, Balu from a predeceased wife. The family had several agricultural lands as well as some house properties. On or about 14th February, 1957 Baburao out of them, brought Regular Civil Suit No. 9 of 1957 in the Court of Civil Judge, Junior Division, Shrigaonda, for partition and possession of his share in the joint family property. It is relevant to note, some of the averments made in that suit. They are apparent from a certified copy of the decree dated 6-4-1961 passed in that suit. According to Baburao, the plaintiff in that suit, though the family had several lands and house properties, they were never divided between the members of the family














































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