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2010 Supreme(Bom) 289

V.R.KINGAONKAR
Sambhaji Shripati Bankar (Deceased through L. Rs. ) – Appellant
Versus
Keshav Rangnath Ekbote (Deceased through L. Rs. ) – Respondent


Advocates appeared:
Mr. R.R. Mantri, Advocate holding for Mr. N.C. Garud, Advocate for the Petitioner.
Mr. N.V. Gaware, Advocate for Respondent No.1.
None for other Respondents.

JUDGMENT:- By this petition, the petitioners impugn judgment and order rendered by learned Member of Maharashtra Revenue Tribunal, in Revision Application No.4/1989, confirming the judgment and order rendered by Sub-Divisional Officer, Ahmednagar in T.N.C. Appeal No.4/1988.

2. Original petitioners were real brothers in-terse. Their father, namely, Shripati Kanhu Bankar was the original tenant of two (2) parcels of lands viz. Survey No.125, admeasuring 11 hectares 89 Area and Survey No.124-B, admeasuring 00 Hectares 24 Ares, situated at Village Walunj under Ahmednagar district. The deceased respondent No.1 was original owner of the above referred lands. In the year 1959, Shripati Kanhu Bankar had filed proceedings for exercising right to purchase the lands in question. The proceedings were terminated against him for the reason that he was then in possession of land more than the permissible limits under the provisions of the Maharashtra Ceiling on Holdings Act, 1961 (for short, "the Ceiling Act"). The Tribunal directed thereafter that appropriate action under section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, "the BT &AL Act") may be taken. The deceased r











































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