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2014 Supreme(Bom) 2148

R.M.BORDE, V.K.JADHAV
Hasan Bin Salam – Appellant
Versus
Madhavrao – Respondent


Advocates:
Advocate Appeared:
For the Appellant: S.V. Warad
For the Respondent: S.M. Kulkarni

Judgment

1. Appellant/ex-landlord of the disputed agricultural land, is praying for quashment of the order passed by the learned Single Judge in Writ Petition No. 463/2002 decided on 31-1-2002. Respondent initiated proceeding under section 98(c) of the Hyderabad Tenancy and Agricultural Lands Act for dispossession of appellant herein who was in unauthorised possession of agricultural land. According to respondent, his father was tenant of the agricultural land owned by appellant herein. Father of respondent was declared as protected tenant and ownership of the land stood transferred in view of provisions of section 38-E of the Act in favour of tenant i.e. father of petitioner on 25-5-1957. It is not disputed that tenant deposited the price of the land and as such, ownership of the land stood transferred in favour of father of respondent. It is further pointed out that father of respondent was in possession of the suit land however, later on he came to be dispossessed by the ex-landlord i.e. appellant herein. On demise of father of respondent, he initiated proceeding in the office of Additional Tahsildar, Parbhani, for recovery of possession of agricultural land under section 98 of t


















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