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2003 Supreme(Bom) 983

A.M.KHANWILKAR
Sharadchandra Malharrao Ajinkya, since deceased, through Legal Representatives & others – Appellant
Versus
Markus Philips Mendosa – Respondent


JUDGMENT - KHANWILKAR A.M., J.:-This writ petition under Article 227 of the Constitution of India takes exception to the judgment and order dated 27th June, 1989 passed by the Maharashtra Revenue Tribunal in Tenancy Revision No. 33/1987.

2. The petitioners claim to be owners in respect of land admeasuring 1 guntha out of Survey No. 124 and 6 gunthas out of Survey No. 125, both situated at Uttan, District Thane. The respondent filed application for declaration that he was cultivating the suit lands as tenant since prior to the tillers' day. That application has been decided ex parte against the petitioners on the premise that inspite of notice of the proceedings, none appeared for the landlord. The Tahsildar, by judgment and order dated 25th December, 1983, allowed the application preferred by the respondent-tenant. Against this decision, the petitioners filed appeal on 20th August, 1985. According to the petitioners, they were not informed about the decision passed by the Tahsildar and that fact came to their knowledge only on 22nd July, 1985, while inspection of the record before the tenancy authorities was taken. Soon thereafter, the certified copy was applied for by the petitione








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