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1998 Supreme(Bom) 117

B.H.MARLAPALLE
Himatrao Ukha Mali and others – Appellant
Versus
Popat Devram Patil and another – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---One Ukha Hiralal Mali was a tenant in respect of land admeasuring 5 Hectares 13 Ares located in Gat No. 33/1, S. No. 21/2 of village Lon, Tq. Amalner, District Jalgaon and the original owner of the said land was Shri Zaverchand Laxmichand. It appears that Ukha Hiralal Mali entered into an agreement of sale with the present respondent in respect of the said land for a consideration of Rs. 6,000/-. The tenant received the consideration and receipt to that effect as well as possession of the land by the vendee was issued. It is pertinent to note that the agreement of sale was registered and the possession of the subject land was handed over to respondent No. 1. Ukha Hiralal Mali filed R.C.S. No. 96/71 before the Civil Judge (J.D.) Amalner and claimed possession of the said land from respondent No. 1. The said suit came to be dismissed by order dated 20-12-1973. In the meanwhile, when the suit was pending certificate of ownership under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Tenancy Act for short) came to be issued in favour of Ukha Hiralal on 11-6-1971. R.C.S. No. 96/71 was dismissed solely o








































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