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2010 Supreme(Bom) 268

ROSHAN DALVI
Vasant Mahadev Tikekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:Milind Sathe, Sr.Advocate with Mr.Birendra Saraf, Ms.Shamima Taly and Mr.Rakesh Misar i/by M/s.S. Mohomedbhai & Co., Advocates.
For the Respondents: R1, S.N. Bhosale, AGP.

Judgment :-

1. Rule. Rule is made returnable forthwith.

2. The Petitioners have purchased the lands, inter alia, under Survey No.239, bearing old Survey No.144 (Part) admeasuring 5 Acres and 30 Gunthas at village Malad, Taluka Borivali, Mumbai, from one Anandibai, the widow of one Budhiya Bhikhu Gadak. Budhiya was declared as tenant / purchaser of the said lands under Section 32G of the Bombay Tenancy and Agricultural Lands Act (Tenancy Act). Budhiya died on 14.3.1968. A certificate under Section 32N of the Tenancy Act was issued in the name of Budhiya on 23.8.1969. Mutation Entry No.1269 came to be made in that respect in the name of Anandibai, his widow on 10.1.1971. Permission for sale under Section 43 of the Tenancy Act was granted to the widow on 25.7.1971. She entered into a conveyance with the Petitioners_ predecessor-in-title for a part of the land of her husband Budhiya, admeasuring 2 Acres 26 Gunthas on 25.5.1971. Mutation Entry No.1282 in that behalf came to be made on 8.6.1971. Thereafter Anandibai conveyed the balance part of the land admeasuring 3 Acres, 3 Gunthas to the Petitioners_ predecessor-in-title on 5.10.1973. Further Mutation Entry No.1375 was made on 8.11.19














































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