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1952 Supreme(Bom) 90

CHAGLA, BHAGWATI
Sambhaji Baloji Solankar – Appellant
Versus
Mamlatdar of Baramati – Respondent


Advocates:
K.R. Bengeri, for Petitioner; H.M. Choksi, Govt. Pleader, for Opponents.

Judgement

CHAGLA, C.J. :- The petitioner was given survey Nos.167 and 168 which were formerly unoccupied Government waste lands for cultivation as a tenant from the year 1943 on an annual tenancy. He then applied for a sanad as an occupant. Rule 3J, Bombay Land Revenue Code Rules provide that any unoccupied survey number not assigned for any special purpose, may, at the Collectors discretion, be granted for agricultural purposes to such, person as the Collector deems fit, either upon payment of a price fixed by the Collector, or without charge, or may be put up to public auction and sold subject to his confirmation to the highest bidder, and sub-cl.(4) provides that when the land is granted on impartible tenure, an agreement in Form F(1), and, when it is also granted on inalienable tenure, an agreement in Form F(1), shall ordinarily be taken from the person intending to become the occupant. In this case the land was granted on impartible tenure to the petitioner and an agreement in Form F(1) was signed by the petitioner and this agreement was accepted on behalf of the Government by the District Deputy Collector. Therefore, there was a complete and concluded contract between the Gove












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