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2010 Supreme(Bom) 1678

S.S.SHINDE
Gondu Ramu Pandit, deceased through L. heir – Appellant
Versus
Hasan Nathu Tadvi – Respondent


Advocates Appeared:
For the Petitioners:V.T. Chaudhari, Advocate.
For the Respondents:R7, Smt. V.A. Shinde, A.G. Talhar (Absent), Advocates.

JUDGMENT:

1. This writ petition is directed against the judgment and order dated 26th October, 1990 passed by the Maharashtra Revenue Tribunal, Jalgaon in REV.TRB.48 OF 1989.

2. The facts of the case which are incorporated in the writ petition are as under:

The suit land in Survey No.44/1 and 44/2 admeasuring 1 hector and 17 R. assess as Rs.9-31 paise, situated at village Kochur, taluka Raver, District Jalgaon. The suit land was previously held and owned by some of the respondents and that the deceased Gundu Ramu Pandit had purchased the suit land from the respondents in the year, 1963, for a consideration of Rs.7000/- under a registered sale deed and from the said consideration the respondents bought another big piece of land. It is further case of the petitioner that when his father purchased the suit land, it was barren, dry land and that he himself and his father spent more than Rs.20,000/- and converted the dry land into a Bagayat land.

3. The Assistant Collector, Jalgaon Division, Jalgaon started a suo motu enquiry under Section 3 of the Maharashtra Restoration of Land to Scheduled Tribes Act, 1974 (hereinafter referred to as the Restoration Act). It is the case of the petit







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