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2023 Supreme(Bom) 1878

G. S. KULKARNI
Shankar Pandu Bharsat – Appellant
Versus
Anand Subhashchandra Bora – Respondent


Advocates appeared:
Harshad Inamdar, Advocate, Sunil Karandikar, Advocate

JUDGMENT/ORDER

1. This petition challenges an order dtd. 9/12/2013 passed by the learned Member, Maharashtra Revenue Tribunal, Mumbai (for short, "MRT") whereby a revision application as filed by the petitioners against an order dtd. 10/12/2012 passed by the Sub-Divisional Officer, Nashik Division, Nashik, stands rejected. The relevant facts are :- On 5/7/1916, one Tulshiram Gangaram Marwadi purchased subject land from one Manaji Jayaji for Rs.100.00. Tulshiram had three sons i.e. Zumbarlal, Jawaharlal and Bansilal. On 30/4/1949, Zumberlal, who was stated to be managing the family properties, inducted one Pandu Tulshiram Bharsat as tenant. To that effect a Mutation Entry No. 178 came to be made reflecting Pandu Bharsat as the tenant.

2. It is the case of the petitioners that Zumberlal and the family members of his brothers partitioned the joint family properties. On 20/9/1963 the land in question subject matter of the present proceedings, came to be transferred in the name of one Subhashchandra Jawaharlal Bora (son of Jawaharlal). This came to be mutated in the revenue records by mutation entry no. 547. In the meantime, proceeding under Sec. 32 G of the Bombay Tenancy and Agricultura

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