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M. S. JAWALKAR
Shamrao Somaji – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. Heard learned Counsel for the appellant as well as learned Assistant Government Pleader.
2. Second Appeal came to be admitted on 14/02/2007, on following substantial question of law :
(ii) Whether the Tahsildar could have published a notice for the auction of the suit without following due provision under Sec. 63 of the Maharashtra Land Revenue Code, 1956?"
3. The case of the plaintiff in brief is as under :
The court affirmed that the government must provide notice and an opportunity to be heard before evicting unauthorized occupants, as mandated by Sec. 53 of the Maharashtra Land Revenue Code.
The main legal point established in the judgment is that Sections 61 and 79A of the Bombay Land Revenue Code, 1879, providing for penalties for unauthorized occupation of land and summary eviction of....
Civil Law - Land - Sanction of Collector under Section 36A for transfer - Permission/sanction letter - Tribal lands to Non-tribals lands - It is true that Rule 4 of said Rules provides that Collector....
The main legal point established is that the previous sanction of the Collector is necessary for the transfer of agricultural land between tribals to protect them from exploitation, as mandated by Se....
In eviction suits, admitted landlord-tenant relationship estops tenant from denying title; landlord needs only prove relationship and grounds, not ownership. Open land leases not protected by rent co....
The government can evict encroachments on unoccupied Village Natham land under applicable laws.
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