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2013 Supreme(Bom) 83

B.R.GAVAI
Jagannath Vithu Jadhav Since deceased through Lrs. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioners:Divesh Chamboowala, Advocate.
For the Respondents:R1, S.D. Rayrikar, R2, B.G. Vaidya, Advocates.

JUDGMENT:

1. The petition challenges the order passed by learned Maharashtra Revenue Tribunal (“MRT” for short) dated 10th October 2001 allowing revision application filed by respondent No.2 and thereby setting aside the concurrent orders i.e. order dated 31st March 1993 passed by learned SubDivisionsal Officer, Karad (“SDO” for short) confirming the order dated 12th August 1991 passed by Tenancy Awal Karkun thereby holding the predecessor of the present petitioners to be a tenant of the suit land.

2. The facts, in brief, giving rise to the present petition are as under:

That respondent No.2 filed a suit before the learned Civil Judge, Junior Division, Karad claiming therein that he was the owner of suit land. It was contended that the predecessor in title of the petitioners namely Vithu Sakharam Jadhav was an intelligent person and that in connivance with the revenue authorities he had made certain entries in the 7/12 extract and shown himself to be a tenant of the suit land. It was further contended that the said Vithu taking undue advantage of revenue entries was trying to obstruct possession of the respondent No.2 herein though he had no right to do so.

3. It was, therefore,


















































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