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2021 Supreme(Bom) 1593

NITIN B.SURYAWANSHI
Sahebrao – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V. D. Sonawane, Advocate, P. G. Borade, Advocate, M. M. Parghane, Advocate

JUDGMENT

Nitin B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

2. This petition challenges the order dated 13-02-2019 passed by respondent No.1 in R.T.S. No.3218/Pr.Kr.165/J-6A.

3. Facts in brief leading to this petition are as follows:-Deceased Manikrao Udaysingh Patil was tenant of suit land old Survey No.74 and current Gat No.148 owned by Late. Dwarkabai Pandharinath Patil. Mutation Entry No.624 was sanctioned in the year 1955, thereby recording deceased Manikrao as tenant of the suit land. Upon death of Manikrao on 23-03-1989 the names of the petitioners and other legal heirs of Manikrao were entered in the revenue record and the petitioner No.1 was shown as Karta of Joint Hindu Family vide Mutation Entry No.218. Dwarkabai Pandharinath Patil expired on 22-02-1993 and she had only daughter namely Vijayabai Bhargav Desai whose name was entered in the mutation register vide M.E. No.323. Vijayabai, daughter of Late Dwarkabai executed sale certificate u/S. 32(M) of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short the Act, 1948) in favour of the petitioner Sahebrao Manikrao Patil on 10-07-1997.

4. Respondent No.6 cha

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