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2010 Supreme(Bom) 837

V.R.KINGAONKAR
Malhari S/o Amruta Surnar – Appellant
Versus
Ranganath Amruta Kachave – Respondent


Advocates appeared:
For the Petitioners:M.V. Deshpande, Advocate h/f. C.K. Shinde, Advocates.
For the Respondents:R1, A.S. Deshmukh, Advocate, R2, D.R. Korde, AGP.

Judgment

1. Challenge in this Petition is to judgment and order dated 17.7.1992 rendered by learned Member of the Maharashtra Revenue Tribunal, Aurnagabad, in Revision Petition no. 106-B-91-P and to the judgment and order dated 27.6.1991 passed by the Deputy Collector, Land Reforms, Parbhani in Tenancy Appeal no. 1981/TNC/A/48.

2. There is a checkered history to the tenancy litigation between the parties to the Petition. The period of litigation looms over a period of about 40 years. The petitioners are legal representatives of deceased Malhari Amruta Surnar. He was admittedly declared as a protected tenant of agricultural land bearing survey no.22, to the extent of 21 acres area, situated at village Makni under Gangakhed Tehsils as per provision of Section 38E of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (For short "H.T. and A.L. Act"). Originally, land survey no. 22 was owned by one Rajaram S/o Niloba from whom deceased respondent no.1 Rangnath Amruta Kachave claimed the ownership rights. Said respondent no.1 Rangnath died during the pendency of the Petition and his legal representatives i.e. Rajaram and others are taken on record. They will be referred hereinafter as
































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