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1997 Supreme(Bom) 611

T.K.CHANDRASHEKHARA DAS
Gajarabai Narayan Chauvan – Appellant
Versus
Ratnabai Vishnu Gaikwad – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:--- This writ petition is directed against the order passed by Maharashtra Revenue Tribunal, Pune in exercise of revisional jurisdiction under section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the said Act").

2. Under the impugned order, the preliminary objection raised by the landlord viz. the respondent herein, has been sustained by the revisional authority.

3. The petitioner is in succession in interest of one Hausabai who was a widow of Laxman Jadhav to whom the property originally belongs to. While the property was being enjoyed by the said widow as a tenant, a suo motu proceedings under section 32-G of the said Act, has been taken by the authority and in that proceedings, it is alleged, that Hausabai had made a statement that she was not cultivating the land. However, after the death of widow Hausabai, the petitioner filed an application under section 32-G of the Act, for fixation of purchase price. In that application that the preliminary objection has been raised by the respondent as stated earlier. It is to be noted that original authority and the appellate authority however, had rejected t




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