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2016 Supreme(Bom) 1826

T.V.NALAWADE
Vishwanath Gopinath Borude – Appellant
Versus
Pandharinath Gopinath Borude, (Since deceased, through legal heirs) – Respondent


Advocates Appeared:
For the Petitioner: Shri D.P. Palodkar.
For the Respondents: Shri D.R. Bhadekar, Mrs. J.H. Patki, Shri V.D. Salunke, Shri B.A. Shnde and Shri S.K. Tambe.

JUDGMENT :

T.V. Nalawade, J.

1. Rule. Rule made returnable forthwith. Heard both sides for final disposal by consent.

2. The first two proceedings (Writ Petition Nos. 1411/2014 and 1432/2014) are filed to challenge the orders made by the Tenancy Court and the appellate authorities like the order of the Tahsildar Paithan dated 30.11.2009, the order of the appellate authority, Sub Divisional Officer given in Appeal No. 3/2011 and the order of the revisional authority – M.R.T. (Maharashtra Revenue Tribunal, Aurangabad) in Revision No. 61-B-2012. The Tahsildar, Tenancy Court, has given direction to issue ownership certificate under the provision of Section 38(6) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the Act") in favour respondent No. 1 Pandharinath Borude (now deceased and represented by his legal representatives). It is the case of the petitioners of the present two petitions who are brothers of Pandharinath that all the brothers of Pandharinath are entitled to get the certificate under section 38(6) of the Act as successors of the father Gopinath, who was inducted as tenant in the suit lands by the owner.

3. The disputed property consists






































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