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1997 Supreme(Bom) 502

S.S.NIJJAR
Vishnu Sitaram Patil – Appellant
Versus
Gopal Avaba Asurlekar, since deceased by his heirs and others – Respondent


JUDGMENT - S.S. NIJJAR, J.:---This petition under Article 227 of the Constitution of India has been filed with the prayer for quashing and setting aside the order passed by the Maharashtra Revenue Tribunal, hereinafter referred to as "the M.R.T.", in Revision Application No. M.R.T.- K.P. 66 of 1983 dated 17th August, 1984 wherein the M.R.T. has confirmed the judgement and order dated 13th December, 1982 passed by the Sub-Divisional Officer, Karveer Division, Kolhapur, in Tenancy Case No. 7 of 1976. The only controversy involved in this case is as to whether the Collector has jurisdiction to entertain an application under section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as "the Act" when at the same time the remedy under section 29 of the said Act is available to the applicant. This controversy arises from the few admitted facts.

2. The petitioner is the owner of the suit lands being agricultural lands at village Mahe, Tal. Karveer, Dist. Kolhapur comprised in Survey No. 41 gat No. 73 admeasuring 2.05 hectares and Survey No. 38/2 gat No. 77 admeasuring 5.16 hectares. These lands were in possession of the respondent as tenant on the Tillers









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