JUDGMENT - R.M. LODHA, J.:---The order passed by the Settlement Commissioner on 2-1-1989 whereby he ordered variation of scheme finalised in the year 1973 under the Bombay Prevention of Fragmentation Consolidation of Holdings Act, 1947 (for short "the Act of 1947") is under challenge in this writ petition.

2. The case of the original petitioner set up in this writ petition is that Land Survey No. 95/4 admeasuring 5 acres and 25 gunthas was originally owned by Raghunath Anandrao Pawar and the said land was being cultivated by the original petitioner's father as tenant and the respondent No. 2 Bhausaheb Kushaba Kakade (since deceased) as well as the original respondent No. 1 Nivrutti Krishna Bhilare (since deceased). The agreement of sale was entered into between the father of the original petitioner and original respondent No. 1 on 21-12-1956 for a consideration of Rs. 3,500/-. It is stated that the original petitioner and respondent No. 1 paid their share of amount. The land in question was governed by the Bombay Tenancy Act and the proceedings under section 32-G was initiated. A certificate under section 32-M was issued to the original respondent No. 1 and his name was recorded i

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