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1998 Supreme(Bom) 668

Kishor Govardhandas Tanna – Appellant
Versus
Malhari Nimbaji Patil and others – Respondent


JUDGMENT -R.M. LODHA, J.:---These two writ petitions filed under Article 227 of the Constitution of India relate to identical facts and arise out of common judgment passed by the Maharashtra Revenue Tribunal on 26-6-1984 and, therefore, both the writ petitions have been heard together and are disposed of by this common judgment.

2.In Writ Petition No. 4313 of 1984 the land in dispute is Survey No. 26/1 and 25/2 situated at village Sarasan, Taluka Khalapur, District Raigad. One Parsu Tukaram Patil was in possession of the said land as tenant on 1-4-1957, more commonly known as tiller's day, and as such became deemed purchaser under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "Bombay Tenancy Act). The purchase was effected in favour of Shri Parsu Tukaram Patil on 12-4-1969. He sold the said land in favour of one Shri Bhatia without seeking appropriate permission as required under section 43 of the Bombay Tenancy Act. The proceedings were initiated under section 84-C by the competent revenue authority for setting aside the sale made by Shri Parsu Tukaram Patil in favour of Shri Bhatia and by the order dated 30-5-1981 the sale in favour of Shri Bha



































































































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