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2011 Supreme(Bom) 140

V.M.KANADE
Anant Kana Mhatre – Appellant
Versus
Mathibai Ladkya Janale adult – Respondent


Advocates appeared:
For the Petitioners:Mrs. V.V. Thorat, Advocate. For the Respondents:R1, R.R. Salvi with J.S. D’Mello, R3, S.S. Kulkarni, Advocates.

JUDGMENT:

1. Heard the learned Counsel appearing on behalf of the petitioner and the learned Counsel appearing on behalf of respondents.

2. Petitioner is challenging the order passed by the Maharashtra Revenue Tribunal (MRT) dated 31/07/1992 in appeal against the order dated 30/09/1985 passed by the Additional Tahsildar & ALT, Vasai. There is a chequered history in respect of the dispute arising between the parties.

3. Briefly stated, the father of the respondents one Ziprya was initially declared as a tenant by the Agricultural Lands Tribunal (ALT) by order dated 19/08/1959. He, however, did not pay the purchase price and, thereafter, an application was made by the landlord before the Additional Tahsildar and ALT, Vasai under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (For short “B.T. & A.L. Act”) The Additional Tahsildar made an inquiry on the application filed by the landlord dated 11/6/1966 and the Circle Inspector submitted report on 16/12/1966 after preparing the panchanama. The statements of parties were recorded. The statement of the said Ziprya, however, could not be recorded since, according to the Circle Inspector, he was absconding. The ALT furt

































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