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1999 Supreme(Online)(Bom) 5

BOMBAY HIGH COURT
M. V. D. Salunke, J
Dnyanoba Deorao Ugle and Others v. Shaikh Hussain (deceased) through his LRs.and Another


Advocates:
For the Appellants/Petitioners: M. V. D. Salunke
For the Respondents: Suresh Kulkarni

Table of Content
1. ownership disputes over agricultural land. (Para 3 , 4 , 5)
2. validity of transactions involving tenants. (Para 6 , 7 , 8)
3. assessment of tenant's claims of coercion. (Para 10 , 11 , 16)
4. impact of prior admissions and res judicata. (Para 17 , 18 , 20)

1.Heard, M. V. D. Salunke, Advocate for the petitioners and Mr. Suresh Kulkarni, Advocate for the respondents.

2. The facts of the case in brief are as under.

3. The subject - matter of a petition is Survey No. 45 admeasuring 8.36 acres now gut No. 72 and Survey No. 29 admeasuring 12.36 acres now gut No. 59 situated at village Rajegaon. Tq. Ambad, District Jalna. This land was owned by one Sakharam Bhimrao Deshpande. The respondent was the tenant of the said land. He sold the lands to Shivaji Raosaheb Deshmukh and Mandakini w/o Dattaji Deshmukh by sale deed dated 7-5-1966 copies of which are filed at Exhibit "C." Both these lands were thereafter purchased by the present petitioners on 26-2-1968 vide sale deeds at Exhibit "D" for a sum of Rs.30,000/- in all. It appears from the record that the original tenant was one Sk. Hussain s/o Sk. Farid and after his death during the proceedings his LRs. have been brought on re





















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