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2001 Supreme(Bom) 1115

J.G.CHITRE
Haribhau Madhusudan Kakde – Appellant
Versus
Shankar Maruti Honkalas & another – Respondent


JUDGMENT- J.G. CHITRE, J.:---Few facts needs to be stated for unfolding the matter. Shankar Maruti Honkalas was the owner of Gat No. 703 of village Puluj. Shri Ganpat Yadav, father of present respondent No. 2, was the tenant of the said land. In a proceeding initiated in view of section 32-G of Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Bombay Tenancy Act" for convenience) he was declared as purchaser by fixing the purchase price. He paid it and certificate in view of section 32-M was issued in his favour. On 26-2-1982 by a sale deed he sold an area admeasuring 1 Hectare 50 Ares to the present petitioner. The mutation entry bearing No. 662 was entered on 29-2-1982 in that context. An application was moved by the present respondent No. 1 to concerned Collector and the said application was treated as an application submitted in view of provisions of section 84-CC of the Bombay Tenancy Act. An enquiry was made and the said application was decided against the present petitioner. The present petitioner moved a petition before the Sub-Divisional Officer, Pandharpur who decided it in favour of the present petitioner. The present respondent No. 1 moved





















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