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2002 Supreme(Bom) 877

A.M.KHANWILKAR
Dattatraya Sakharam Kabadi – Appellant
Versus
Raghu Luma Bhalerao & others – Respondent


JUDGMENT - KHANWILKAR A.M., J.:---This writ petition, under Article 227 of the Constitution of India, takes exception of the judgment and order passed by the Maharashtra Revenue Tribunal, Pune dated 15th December, 1979 in M.R.T. P. STA. III 1/79 (T.E.N. B. 22/79) and No. M.R.T. P. S.T.A. III 2/79 (Ten.B. 23/79). The suit land is situated at Survey No. 33 at village Padali, Taluka Junnar, District Pune. The respondent No. 2 became deemed purchaser of the suit land on the tillers day as he was cultivating the same as tenant. It is not in dispute that the respondent No. 2 is a tribal. Respondent No. 2 subsequently purchased the suit land under section 32-G of Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Tenancy Act) and sale certificate under section 32-M was issued in his favour by the tenancy authority, which is the conclusive proof that he has become owner of the suit land. It is the case of the petitioner that respondent Nos. 1 and 2 intended to sell the suit land and had approached the petitioner in that behalf. Pursuant to the which parties made application to the Collector for permission to purchase the suit land. The Collector granted that pe









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