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2021 Supreme(Bom) 755

R.G.AVACHAT
Omkar Chavdas Bhortakke – Appellant
Versus
Papilabai Baburao Patil – Respondent


Advocates appeared:
Mr. Sanket S. Kulkarni, Advocate, for the Appellant / Mr. S. B. Deshpande, Advocate H/F Mr. A. G. Talhar, Advocate, for the Respondent.

JUDGMENT

1. Heard.

2. The applicants hereby seek review of the judgment and order dated 27.01.2020, dismissing writ petition No.9362 of 2014.

3. Facts: -

Land bearing Gat No. 116 was the subject matter of the writ petition (for short "writ land"). Hari Vithoba Chaudhary(deceased) was owner of the writ land. He had mortgaged it to Dattatraya Kulkarni on 16.04.1941. Dattatraya inducted Chavadas Bhortakke as tenant in the writ land. Dattatraya passed away in February 1957, leaving behind his widow Durgabai. Respondent No.1 Papilabai (legal heir of late Hari Chaudhary) had filed a suit, being Regular Civil Suit No. 127 of 1977 for redemption of the mortgage. The suit was compromised. Respondent No.1 - Papilabai, thereafter preferred Tenancy Application No.117 of 1978 to the Tahsildar-cum Agricultural Lands Tribunal (A.L.T.) for declaration that Chavadas was not a tenant of the writ land. In the alternative, she had prayed for grant of certificate under Section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "B.T. & A.L. Act") in the event if Chavadas is declared to be tenant. On 28.06.1980, respondent No.1 was granted certificate under Section 88-C of the B.T. & A.L.

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