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2023 Supreme(Bom) 1781

SANDEEP V. MARNE
Musa Mainuddin Varekar – Appellant
Versus
Seludhan Mistry – Respondent


Advocates appeared:
Sachin Dhakephalkar, Advocate, Vineet Naik, Advocate, Kunal Bhanage, Advocate, Nilesh Tated, Advocate

JUDGMENT/ORDER

1. By this petition, Petitioners challenge Judgement and Order dtd. 3/7/2010 passed by the President, Maharashtra Revenue Tribunal, Mumbai (MRT) in TNC Revision No.127/B/2003. By that order, the MRT has confirmed the Order dtd. 9/9/2002 passed by the Sub Divisional Officer, Thane (SDO) in Tenancy Appeal No. 31 of 2000 preferred by the Respondent landlord. The SDO had in turn, set aside Order dtd. 18/9/2000 passed by Agricultural Land Tribunal and Tehsildar, Kalyan in Application No.3 of 1997 declaring Petitioners to be the tenants.

2. Briefly stated, facts of the case are that village Borivade was a Salsette Estate village, where neither survey of lands was conducted nor the land was subject to levy of land revenue. Predecessor of Respondent had purchased the land of entire village by Deed of Conveyance dtd. 21/4/1925, which included land which was subsequently numbered as Survey No. 47, Hissa No.2 and which is the subject matter of the petition. Respondent's predecessor-in-title was thus the Estate Holder in respect of the land in village Borivade. After enactment of the Salsette Estate (Land Revenue Record Exemption Abolition) Act, 1951, the exemption from payment of

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