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1998 Supreme(Bom) 83

Kashinath Damu Gavate and others – Appellant
Versus
Damu Bala Kapase – Respondent


JUDGMENT -R.M. LODHA, J.:---This writ petition filed under Article 227 of the Constitution of India is directed against the order passed by Maharashtra Revenue Tribunal on 31-7-1984 whereby the Tribunal set aside the order of the Assistant Collector, Niphad Division, Nasik dated 8-9-1981.

2.The short controversy involved in the writ petition is whether the Tribunal was justified in setting aside the order of Assistant Collector dated 8-9-1981 in Appeal filed under section 74 of the Bombay Tenancy and Agricultural Lands Act, 1948 (Tenancy Act) whereby the Assistant Collector dismissed the appeal challenging the order dated 15-7-1957 on the ground that appeal was preferred after 24 years. The facts on summation are : One Damu Sakharam Gavate was the owner of the agricultural land bearing Survey No. 316/2, admeasuring 6 Acres, 12 gunthas situated at village Niphad, in Nasik District. The said Damu Gavate died on 19-11-1954 leaving behind the present petitioners as owners of the said agricultural land (hereinafter for brevity referred to as the landlords). One Damu Bala Kapse (hereinafter referred to as the tenant) was the tenant in the said land and after his death is represented by t






















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