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2018 Supreme(Bom) 1108

A.M.DHAVALE
Pushpalata Narayan Thorbole – Appellant
Versus
Purshottam Dattatray Prabhu – Respondent


Advocates Appeared:
For the Appellant : Mr. P.G. Sabnis i/b Gangadhar J. Sabnis.
For the Respondents: Mr. A.R. Khandeparkar i/b Khandeparkar & Associates.

JUDGMENT :

1. This second appeal is filed by the original plaintiff assailing the judgment and decree dated 1.4.2014 passed in Regular Civil Appeal No. 145 of 2001 by the Principal District Judge, Sindhudurg, confirming the judgment and decree dated 21.7.2001 passed in Regular Civil Suit No. 93 of 1995 by the Civil Judge, J.D. Kudal. The matter relates to the scope and evidentiary value of 32M certificate.

2. The present Appellant had filed Regular Civil Suit No. 93/1995 in the court of Civil Judge, J. D. Kudal against the present respondents. The subject matter of the suit were two agricultural lands, viz. (i) Survey No. 95/6, admeasuring 95 R + 30 R (fallow land), (ii) Survey No. 85/3, admeasuring 21.5 R + 3.5 R (fallow land). The plaintiff averred that the suit land was of defendant Nos. 1 and 2 as ancestral land. it was not in their cultivation. It was cultivated by the plaintiff's husband Narayan as a tenant. As per the provisions of Bombay Tenancy and Agricultural Lands Act, the land was sold to the plaintiff's husband Narayan on payment of price fixed by the competent authority and on 31.12.1993 a certificate under S. 32(m) was issued in his favour. However, the effect of 32 (

































































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