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1975 Supreme(Bom) 139

V.S.DESHPANDE, P.M.MUKHI
MARUTI NAMDEO GADE – Appellant
Versus
DATTATRAYA VISHNU MAVAL – Respondent


JUDGMENT

DESHPANDE J.-Deceased Dattatraya, the father of the respondent, was the owner of the lands in dispute. The lands were held by the petitioner as his tenant. The deceased made an application under section 33-B of the Tenancy Act on March 27, 1962 for possession of the lands for bona fide personal cultivation, after obtaining certificate under section 88C thereof. The Tenancy Awal Karkun, Khed, allowed it on October 14, 1964. The tenant challenged this order in appeal on January 3, 1969, i. e. more than four years after the expiry of sixty days limitation period, alleging that the impugned decision was not communicated to him. During the pendency of the appeal, the landlord died and his son, the respondent, was brought on the record, as his heir. The Sub-Divisional Officer allowed the appeal and remanded the case to the Mamlatdar for a fresh inquiry into the bona fides and holdings of the respondent. Respondent's revision application, however, was allowed by the Revenue Tribunal on the ground that the appeal by the tenant to the Sub-Divisional Officer was time-barred. The validity of this order is challenged in this Special Civil Application under Article 227 of the Constitut

































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