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2007 Supreme(Bom) 734

S.B.DESHMUKH
Radhu Gokul Gawali – Appellant
Versus
Mohan Kishan Gawali – Respondent


Advocates appeared
Shri A.H.Vaishnav, Advocate for the petitioners,
Shri S.V.Natu, Advocate for respondents 1(a) to (g),
Shri V.D.Salunke, Advocate for respondent No.2,
Respondents 3 and 4: Served.

JUDGMENT :-

1. Heard learned counsel for the respective parties.

2. This petition is directed against the judgment and order passed by the learned Member, Maharashtra Revenue Tribunal, Aurangabad ("MRT"), in Appeal NO.121/A/96/Nanded dated 26.11.1987.

3. Respondents 1 and 2 had filed an application bearing No.85/TNC/98/CR-15 before learned Deputy Collector (Land Reforms), Nanded under Section 98 of the Hyderabad Tenancy and Agricultural Lands Act, 1950 ("Act of 1950") for eviction of the present petitioners. It came to be rejected on 13.4.1986. Respondents 1 and 2 had challenged the said order by filing an appeal No.121/A/1986 before the MRT. This appeal was allowed on 26.11.1987, by which the Deputy Collector (Land Reforms) was directed to hand over possession of land S.No.18 to the extent of 18 acres and 16 gunthas ("suit land"), situated at village Hasrapur, Taluka and District Nanded by evicting the original respondents as per the provisions of law. This order, as said above, is questioned in the present writ petition.

4. It is not in dispute that the suit land was initially owned by one Sitaram, who after his death, is succeeded by his brother Ramdas. It is also not in dispute tha
























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