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2006 Supreme(Bom) 1672

V.R.KINGAONKAR
Laxman @ Bhaiyya Pandurang Edke – Appellant
Versus
Vishwanath Kashiba Chemte – Respondent


JUDGMENT:- Challenge in this petition is to the judgment rendered by Maharashtra Revenue Tribunal, Pune (for short, 'MRT') in exercise of its revisional jurisdiction available under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, "B.T. & A.L. Act") whereby findings of Tenancy Tribunal and Appellate Tenancy Tribunal were reversed and original applicant-deceased Vishwanath was held to be tenant.

2. Deceased Vishwanath filed an application before the Tenancy Tribunal, Ahmednagar alleging that since 1953-54 he was in possession of Survey No.142 (Gat No.161), admeasuring 1 acre and 33 gunthas, situated at Village-Khandke as a tenant. According to him, the land in question was owned by one Pandurang Tatya Edke who had leased out the same to him. Original opponent Laxman inherited said land after death of landlord-Pandurang. Therefore, the application was filed against said Laxman for fixation of purchase price of the land in question. It was his case that he used to give crop share to the landlord. The landlord resides at Ahmednagar and never cultivated the land in question. Therefore, he claimed right to purchase the same as owner under Section 32-G of the B














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