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2019 Supreme(Bom) 1842

R.D.DHANUKA
Veekaylal Investment Co. Pvt. Ltd. – Appellant
Versus
Bhalchandra D. Patil – Respondent


Advocates Appeared:
For the Appellant :P.K. Dhakephalkar, Prasad S. Dani, Senior Advocates and J.G. Reddy i/b. Rajeev R. Sharma
For the Respondents:R.P. Kadam, A.G.P., V.A. Thorat, Senior Advocate, Vishwanath Patil, Vinduprakash Pandey, Pramodkumar Pandya i/b. Legal Edge LLP, A.Y. Sakhare, Senior Advocate, Siddharth Karpe and Vivek Tripathi i/b. Pushparaj Singh

JUDGMENT :

R.D. Dhanuka, J.

1. By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 28th April, 2017 passed by the Maharashtra Revenue Tribunal in Tenancy Revision Application No. 23 of 2015 filed by the petitioner under section 76 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 rejecting the said revision application arising out of the order dated 5th February, 2015 passed by the collector, Mumbai Suburban District in appeal under section 74 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 confirming the order dated 2nd December, 2013 passed by the learned Tahsildar (for short the said MTAL Act). Some of the relevant facts for the purpose of deciding this petition are as under:-

2. The land in dispute is land bearing Survey No. 318, Hissa No. 7A, area admeasuring 1 Acre 12 Gunthas situated at Village Dahisar, Taluka Borivali (hereinafter referred to as the suit property). It is the case of the petitioner that the suit property among various other properties situated at Village Dahisar, Taluka Bor

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