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2009 Supreme(Bom) 805

NISHITA MHATRE
Waman Atmaram Lavand – Appellant
Versus
Dattatraya @ Dattu Baba Lavand – Respondent


Advocates appeared:
For the Petitioners:Rahul S. Kate, Advocate. For the Respondents:R2, R.L. Majgaonkar, Advocate.

Judgment :-

1. The Petition challenges the order passed by the Tenancy Awwal Karkoon under Section 84C of the Bombay Tenancy & Agricultural Lands Act, 1976(hereinafter referred to as ‘the said Act’). It also impugns the order passed by the Sub-Divisional Officer confirming the order as well as the order passed by the Maharashtra Revenue Tribunal dismissing the Revision Application filed by the petitioners.

2. The land bearing Gat No.181 was being cultivated by two brothers Baba and Aba Lavand. Each of the brothers had half a share in the property. Since they were tenants on the Tiller’s day, they exercised their right and purchased the property under the provision of Section 32G of the aforesaid Act. Each of them thus became a deemed purchaser of half the land. The purchase price was fixed for the land and accordingly that price was deposited by the Lavand brothers and a certificate was issued under Section 32M of the aforesaid Act. Sale Certificates were issued and the mutation entries were effected in their names indicating that they were owners of the land.

3. It appears that Baba Lavand expired on 25th December, 1979 and respondent No.1 was accepted as his heir and a mutation








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