JUDGMENT

N J Jamadar, J. - Rule. Rule made returnable forthwith and with the consent of learned Counsels for the parties, heard finally at the stage of admission.

2. The petitioners assail an order passed by the Tahsildar/Agricultural Lands Tribunal, Paithan [ALT] dated 05.02.2009 in OW No.2008/Bhusudhar/Kavi, whereby the ALT was persuaded to grant Ownership Certificate in respect of Agricultural Land bearing Gat No.1044 [Old Survey No.564 and 565] admeasuring 9 Acres and 16 Gunthas [suit land] in favour of deceased respondent Shankar Kanhuji Kothimbire, under the provisions of Section 38-E of the Hyderabad Tenancy and Agricultural Lands Act, 1950 [the Hyderabad Tenancy Act, 1950].

3. The background facts leading to this petition can be stated in brief as under :-

a] Late Champalal s/o. Jagannath was the original holder of the suit land. After his demise in 1348 Fasli, Asrabai - his wife, became holder thereof. Her name came to be mutated to the record of rights [Khasra Patrak]. The names of Vishwanath Kondaji and Kanhu Tukaram were entered as the protected tenants of the suit land. After the demise of Kanhu Tukaram, the name of Shankar, the deceased respondent came to be entered in t