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2024 Supreme(Bom) 453

GAURI GODSE
Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs – Appellant
Versus
Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme – Respondent


Advocates appeared:
Mr. Pradeep J. Thorat a/w. Ms. Aditi S. Naikare, for Petitioners; Mr. N.V. Bandiwadekar, Senior Advocate a/w. Vinayak R. Kumbhar; Mr. Rajendra B. Khaire and Mr. Aniket S. Phapale, for Respondent.

JUDGMENT

Gauri Godse, J. - This petition is filed by the heirs and legal representatives of the original tenant to challenge the judgment and order passed by the Maharashtra Revenue Tribunal ('MRT'), allowing the landlord's revision and setting aside the order of Sub Divisional Officer ('SDO') dismissing landlord's appeals. The appeals before SDO were filed by the landlord to challenge the orders passed in favour of the petitioners under sections 32G and 32M of the Bombay Tenancy Act and Agricultural Lands Act, 1948 (now Maharashtra Tenancy and Agricultural Lands Act)('Tenancy Act').

Facts in brief:

2. Before dealing with the rival submissions made by both parties, it is necessary to note the relevant facts of the case. The petitioners are the heirs and legal representatives of the original tenant, and the respondent is the heir and legal representative of the original landlady. One Vithal Gavde Patil was the tenant of the agricultural land prior to 1st April 1957. On 22nd January 1964, the proceedings under section 32G were initiated for the determination of the purchase price. However, the proceedings were suspended as the landlady was a widow. Thereafter, on 17th July 1972, proceed

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