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2003 Supreme(Bom) 1099

A.M.KHANWILKAR
Kana Bala Patil – Appellant
Versus
Usha Gopal Hiranandani – Respondent


Judgment

( 1 ) THIS writ petition under Article 227 of the Constitution of India takes exception to the judgment and order dated January 4, 1990, in revision being No. TEN. A. 165 of 1989 passed by the maharashtra Revenue Tribunal, Bombay.

( 2 ) THE lands in question are five pieces of agricultural lands bearing Gut No. 882 at village Wadhiv and Gut Nos. 547, 902, 891 and 416 at village Saravali, in taluka Palghar, district Thane. The Petitioner was cultivating the suit lands prior to 1st April 1957 in the capacity as tenant. At the relevant time, the owner of the suit lands, namely, the predecessor of the Respondent, Laxmibai Narayan Hate, being widow on the tillers day, the tillers day stood postponed by virtue of section 32f of the Bombay tenancy and Agricultural Lands Act. The predecessor of the Respondent, however, died on 15th July 1980. After the death of the said laxmibai, the Respondent has inherited the suit lands as owner, being the legal representative of the deceased landlady. The Petitioner, however, filed application under section 326 of the Act for fixation of purchase price on the assumption that he has become deemed purchaser. That application was filed some time i








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