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1997 Supreme(Bom) 460

S.S.NIJJAR
Ganpati Shankar Desai and another – Appellant
Versus
Rau Ganu Killedar and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---This writ petition has been filed challenging the order passed in Revision Application No. MRT. KP. 246 of 1981 by Maharashtra Revenue Tribunal, Kolhapur dated 3rd February, 1983, with a prayer that the same may be quashed and set aside and that the judgement and order passed in Tenancy Appeal No. 23 of 1976 passed by the Assistant Collector, Gadhinglaj Division, Gadhinglaj, dated 25th May, 1981 be restored.

2. The petitioners are stated to be the tenants and the respondents the landlords of the suit land bearing Survey No. 7, admeasuring 2 acres and 23 gunthas of Village Palyachahuda in Bhudargad Tahsil of Kolhapur District. The Agricultural Land Tribunal started 32-G proceedings under the Bombay Tenancy Agricultural Lands Act, 1948 (herein after called as 'the Act'). After recording the evidence, an order for fixation of purchase price in favour of the tenants was passed on 25th July, 1974. This order was set aside in appeal in view of the fact that certain landlords were not impleaded as parties. After remand, the statement of the parties came to be recorded. After appreciating the evidence, the Tahasildar declared the purchase price. It was state







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