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2007 Supreme(Bom) 1053

V.M.KANADE
SHRIPAD YESHWANT KULKAMI – Appellant
Versus
MAHADEO SHANKAR JADHAV SINCE DECEASED – Respondent


Advocates Appeared:
S.M.SABRAD, T.D.Deshmukh

V. M. KANADE, J.

( 1 ) HEARD the learned counsel appearing on behalf of the petitioner and the learned Counsel appearing on behalf of respondents.

( 2 ) THE petitioner is challenging order passed by the authorities below whereby the petitioner's application for possession of the land which he has filed under section 29 read with section 14 and section 25 of the Bombay Tenancy and Agricultural lands Act, 1948 (hereinafter referred to as "b. T. and A. L. Act") was rejected.

( 3 ) BRIEF facts which are relevant for the purpose of deciding this petition are as under:

( 4 ) THE Petitioner is a landlord of the suit land and respondents are tenants. The disputed property pertains to land bearing Survey No. 12 Admeasuring 34 Acres 25 Gunthas and it was renumbered after consolidation as Gat No. 28/1. The original landlord Shri yeshwant Kulkarni died in 1940, leaving behind his wife Annapurnabai Y. Kulkarni who became the absolute owner of the said property. The landlord did not have any issue from the said wife. On 7-10-1947, annapurnabai adopted Shripad, son of narsinha Pralhad Kulkarni i. e the petitioner herein. In 1948, original respondent was put in possession of the suit property as a







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