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1994 Supreme(Bom) 303

M.S.VAIDYA
Daulat Dhana Mail (deceased) by legal heirs – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT -M.S. VAIDYA, J.:---Having felt aggrieved by the order dated 25-10-1976 passed by the Assistant Collector, Amalner Division, and the order dated 3rd January, 1977 in Appeal by the Maharashtra Revenue Tribunal, the petitioners have approached this Court praying that the aforesaid orders be quashed and set aside.

2. The facts necessary for the decision of this case, may be stated as follows :

The land at Survey No. 158 of village Dhanora, Tq. Chopda, Dist. Jalgaon, admeasuring 2 acres and 5 gunthas belonged originally to respondent No. 2- Nawabkhan Jamsherkhan. Under a lease executed, probably, in 1945 (in any event, before 1-4-1957), Daulat Dhana Mali came in possession of that land as a tenant and since then, he cultivated the land till his death. On the operation of the Bombay Tenancy and Agricultural Lands Act, 1948, Daulat Dhana Mali became a deemed purchaser of the tenanted land with effect from 1-4-1957 under section 32 of the Bombay Tenancy and Agricultural Lands Act. In course of time, a certificate under section 32-M about the deemed purchase was also issued to him. Daulat Dhana Mali died thereafter, leaving behind him the present petitioners, who were his legal rep














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