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2004 Supreme(Bom) 933

A.M.KHANWILKAR
Ashok Baburao Ingavale & others – Appellant
Versus
Pralhad Hari Bhate & others – 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 April 16, 1981, passed by the Maharashtra Revenue Tribunal, Pune, in Revision No. MRT MS-X@4/81 (TNC.8.371/81) Pune. The land in question admeasures 7 acres 15 gunthas bearing Gut No. 606, situated at village Kidgaon, taluka and District Satara. The land was originally owned by father of respondent No. 1. The petitioners' predecessor was the tenant in the suit land prior to the tillers day; On account of that, he became the deemed purchaser by operation of law. The tenant paid the purchase price, consequent to which certificate under section 32-M of the Bombay Tenancy and Agricultural Lands Act was issued in his favour on 28-11-1971. Thereafter, the tenant entered into sale deed in respect of 55 per cent share in the suit land in favour of Shaikh Akbar Ibrahim on 3rd January, 1972 for consideration. He also entered into a lease deed in respect of remaining 45 per cent share in the suit land by lease deed dated 7th February, 1976. It is not in dispute that the alleged transactions entered into by the tenant in respect of the suit land fo








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