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2009 Supreme(Bom) 782

NISHITA MHATRE
Dhanwant Parashram Kadam – Appellant
Versus
Putlabai Gulab Kadam – Respondent


Appearing Advocates:
For the Petitioner:L.S. Gaikwad, Advocate. For the Respondents:R2, A.J. Joshi, Advocate.

Judgment :

1. These two petitions have been filed against the order passed by the Maharashtra Revenue Tribunal in MRT.NS.I 10/91 (Tnc.8.17/91). The undisputed facts in the present case are as follows:

2. Respondent No.3 (against whom the petition has been dismissed) was the owner of the land bearing gat No.59/7 admeasuring 1 hectare 80 ares and gat No. 556 admeasuring approximately 8 hectares. One Hari Narayan Kadam the grandfather of the petitioner herein was the tenant of the land on 1.4.1957 i.e. on the tiller’s day. Proceedings u/Section 32G of the Bombay Tenancy and Agricultural Lands Act commenced in 1965. However, Respondent No.3 at that point of time was a minor and therefore, the consideration of the enquiry under section 32G for half of the land was postponed. The enquiry in respect of half of the land was completed on 11.1.1965 by the Agricultural Lands Tribunal, Koregaon (for short, hereinafter referred to as the `ALT’) in case No.467 of 1965. The ALT held that Hari Narayan Kadam was the sole tenant of both the lands on tiller’s day and, therefore was the deemed purchaser and owner of the lands. The purchase price was fixed and paid to the original owner. Hari Narayan Ka








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