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1996 Supreme(Bom) 10

R.G.DESHPANDE
Sheikh Mohammed s/o Sheikh Gulab and others – Appellant
Versus
Additional Commissioner and others – Respondent


R.G. DESHPANDE, J. :---These two petitions are being dealt with by this common judgment as the point involved is the same. It also relates to the lands belonging to same respondent who had sold the lands to the non-tribals and, then, had applied for restoration of both the lands. For the purpose of clarity, it would be better to narrate the facts of both the cases separately.

2.In Writ Petition No. 232/1985, the petitioner - Sheikh Mohammed Sk. Gulab, is the purchaser of field Survey No. 125/A with an area of 3 acres and 38 gunthas, situated at village Mokadi Tq. Hingoli of which, the original owner happened to be one Gangaram Raghoji Bele, the respondent No. 2. This respondent No. 2 -Gangaram sold the above-said field to one Rama Dudhaji Kharat and Dudhaji Bhagwanrao Kharat, the respondent Nos. 3 and 4 in the present petition. Subsequently, the said respondent Nos. 3 and 4 sold the same field to the present petitioner - Sk. Mohammed s/o Sk. Gulab. The sale-deed between Dudhaji and the petitioner is dated 10-6-1975, whereas the sale deed between the respondent No. 3 - Dudhaji and respondent No. 2 - Gangaram is dated 29-5-1974.

3.After coming into force of the provisions of Maharashtr









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