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1977 Supreme(Bom) 187

B.C.GADGIL
GANESH GOVINDRAO KHULEY – Appellant
Versus
NARAYAN WASUDEO BAND – Respondent


JUDGMENT-The petitioner, who is the owner of survey Nos. 18/2, 26/6 and 24/2, situate at Kodori, has filed this petition challenging the orders of the Maharashtra Revenue Tribunal. Where-under the respondents-tenants were held to be entitled to purchase the lands under sections 46-49-A of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as the Tenancy Act).

2. The above mentioned three lands were let out to three brothers Parashram Daulat, Mahddeo Daulat and Bapurao Daulat. Parashram is dead and the present respondents 1 and 2 are his heirs and legal representatives. The petitioner-landlord filed an application under section 38 read with section 36 of the Tenancy Act for getting possession of these lands for personal cultivation, That application was Revenue Case No. 946/59 (6) j60·61. It was decided on 30-11-1960. Resumption to the extent of 8 acres of land was allowed to the petitioner of survey No. 18/2. Thus, the remaining area of 7.16 gunthas from these fields continued to be with the respondents as tenants. A suo motu proceeding was started by the Agricultural Lands Tribunal in order to decide as to whether the respondents were en













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