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2009 Supreme(Bom) 1731

R.M.BORDE
Limbaji Shankar Munde (Deceased through LRs. ) – Appellant
Versus
Bhaurao Baliram Munde deceased through – Respondent


Advocates appeared:
For the Petitioner:R.T. Nagargoje, Advocate. For the Respondents:R1, R3 to R6, N.N. Jadhav, AGP, D.N. Patki, Vivek Bhavthankar, Advocates.

Judgment :

ORAL JUDGMENT:

1. Petitioner is raising challenge to the concurrent orders passed by all the three tenancy authorities below while rendering decision on application tendered by respondent no. 1 herein.

2. Respondent no. 1 presented an application to the Additional Tahsildar, Ambajogai on 911986 claiming recovery of possession of the tenanted agricultural property. According to respondent n. 1, he was tenant in respect of land admeasuring 17 gunthas out of survey no. 101 situate at village Revli, Tq. Majalgaon. He was also declared as owner under section 38 of the Hyderabad Tenancy and Agricultural Lands Act. Ownership certificate was also issued in his favour and he deposited the purchase price with Tahsil office on 28-3-1981. It is the contention of the respondent that he was issued ownership certificate on 16-6-1981 by tenancy authority which came to be registered with the registering authority by him. He further contends that he was dispossessed prior to 1-2-1957 and the respondents in the application before the Tahsildar have enforced their possession. Respondent / original applicant therefore claims recovery of possession of the property by dispossessing the persons






























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