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2003 Supreme(Bom) 73

A.B.NAIK
Datta Manika Dhobi – Appellant
Versus
Dattatraya @ Dattopant – Respondent


JUDGMENT

A.B. Naik, J.

1. 1. A short question arises in this Writ Petition, as to whether the landlord who has obtained possession of the land by dispossessing the protected tenant, can be evicted by the Collector or that purpose the Deputy Collector, on an application filed by dispossessed- tenant under section 98 of the Hyderabad Tenancy and Agricultural lands Act, 1950; ( hereinafter referred to as " the Act"). The petitioners are the heirs of original tenant, who died during pendency of this proceeding, will be referred to as " the tenant" hereinafter.

2. It is not disputed that Land Survey No: 262/A to the extent of 8A 3 G situated at village Kuntur (hereinafter referred to as " the land") was of the ownership of the respondent Dattatraya @ Dattopant Ganpatrao { who hereinafter will be referred to as " the landholder"}. The tenant(i.e. Datta

Manika) undisputedly was a protected tenant of the land and declared owner of the land under the provisions of the Act. It is also not disputed that on 26th November, 1980 in File No: KTR -91/60 the Tahsildar/Agril. Land Tribunal, Biloli has fixed the price of the land and issued the order accordingly. From the said order, it is clear tha













































































































































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