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2015 Supreme(Bom) 106

M.S.SONAK
Saraswati Shamrao Dhere – Appellant
Versus
Khutub Babu Malani – Respondent


Advocate Appeared
For the Petitioner:N.J. Patil, Advocate.
For the Respondents:R1, S.A. Mudbidri, R3, Surel Shah, Advocates.

JUDGMENT

1. This petition is directed against the judgment and order dated 9 August 1990 made by the Maharashtra Revenue Tribunal (MRT) setting aside the orders made by the Tahsildar declaring as invalid the sale of the suit property by respondent Nos. 2 and 3 in favour of respondent No.1.

2. This petition concerns the following property situate at Shiroli, Kolhapur:

Gat No.

H.A.

Assessment

131

1-17

1500

43/1

1-52

18-06

43/2

0-02

00-19

3. The petitioner was the tenant in respect of the half portion of the aforesaid property and respondent Nos. 2 and 3 were the tenants in respect of the other half. By resort to the provisions contained in Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 (said Act), the petitioner and respondent Nos. 1 and 2 purchased respective one half portion of the aforesaid property. This petition concerns the one half portion purchased by respondent nos. 2 and 3 and therefore it shall be referred to as 'the said property'.

4. By an instrument of transfer dated 13 December 1983, respondent Nos.2 and 3 transferred

























































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