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1999 Supreme(Bom) 886

A.P.SHAH, B.H.MARLAPALLE, A.S.BAGGA
Ganpat s/o Sakharam Deshmukh – Appellant
Versus
Yeshwant s/o Digambar Deshmukh – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---The petitioner was the owner of agricultural land admeasuring 3 acres and 4 gunthas in Survey No. 28 and 3 acres and 7 gunthas in Survey No. 29 of village Khadaki Ghat in tq. and dist. Beed and the respondent was a protected tenant over the land. The respondent was declared as owner of the land under section 38-E of the Hyderabad Tenancy Agricultural Lands Act, 1950 (the Act for short) and by an order dt. 18-12-1959, the Agricultural Lands Tribunal had fixed the price of the subject land in both the survey numbers at Rs. 4,823.50 ps. and directed the price be paid in six equal instalments, commencing from 21st April, 1960. The period of payment expired in 1965 and therefore, the tribunal issued four notices of demand against the tenant and despite these notices, the tenant did not deposit the purchase price of the land. The landlord, therefore, filed an application before the tribunal on 20-10-1974 for the reliefs:

(1) that the declaration under section 38-E was ineffective and

(2) recovery of possession of the subject land.

2.The tribunal by its order dt. 21st January, 1982 held that the declaration of the transfer of ownership was ineffective as























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