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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.1295 OF 1992

Shri. Kashinath s/o Sukhlal Patil,

Age: Major, Occ: Agriculturist,

R/o. Shiroda, Taluka Pachora,

District Jalgaon. ...PETITIONER

VERSUS

Smt. Vazirabai w/o Karimoddin Shaikh,

Age: Major, Occ: Household,

R/o. Sayyedpura, Taluka Erondal,

District Jalgaon. ...RESPONDENT

...

Mr. V.T. Choudhari, Advocate for petitioner.

Mr. Kalyan V. Patil, Advocate holding for

Mr. S.R. Barlinge, Advocate for respondent sole.

...

CORAM: S.S. SHINDE, J.

RESERVED ON : 18/06/2012

PRONOUNCED ON: 27/06/2012

JUDGMENT :

.

This writ petition is filed challenging

the judgment and order of the Maharashtra Revenue

Tribunal, Bombay dated 12th February, 1992 in

Revision Application No. Ten.A.148 of 1990 whereby

the judgment and order passed by the Sub

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Divisional Officer, Amalner Division, Amalner

Division, Amalner dated 1st October, 1990 in

Appeal No. TNC/Appeal 6/89 came to be reversed.

2.

The back ground facts as disclosed in the

writ petition are as under :

.

The suit land is comprised in Gat No. 143

admeasuring 3 Hector and 46 Are, assessed at

Rs.4/- and 6 paise

situated

at

village

pimpalbnhairav, Parola, District Jalgaon (For

short, "suit land"). The petitioner was inducted

as tenant on the suit land in the year 1952-53, by

the husband of the respondent i.e. deceased

Karimoddin. The suit land was previously divided

in two survey numbers i.e. Survey No.61/2

admeasuring 4 Acres and 37 gunthas and pot kharab

15 gunthas, total area 3 Acres and 12 gunthas and

Survey No. 61/3 admeasuring 3 Acre and 33 gunthas.

The petitioner was cultivating the suit land as

tenant from the year 1952-53 and he became deemed

purchaser of the suit land on the "TILLERS DAY".

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It is the case of the petitioner that, the husband

of the respondent Karimoddin died on 3rd March,

1962 and thereafter, the name of the respondent

alongwith her children were corded, as the heirs

of the deceased.

.

It is the case of the petitioner that,

Mutation Entry No. 1013 was recorded in the

revenue record which has been certified on 30th

May, 1962.

3.

It is the case of the petitioner that,

the respondent i.e. landlady filed an application,

purported to be an application under Section 33-B

read with Section 29 of the Bombay Tenancy and

Agricultural Lands Act, 1948 (For short, "said

Act"). It was stated in the said application that,

she has obtained certificate under Section 88-C

and hence, the application under Section 33-B read

with Section 29 of the said Act is maintainable

and prayed for restoration of the suit land, as

she requires the suit land bona fide for personal

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use.

.

The said application of the respondent

was allowed and the Additional Mamlatdar by his

judgment and order dated 29th February, 1964

restored the possession to the extent of 1 acre

and 21 guntha of the Survey No. 61/2.

4.

It is the case of the petitioner that, he

had already become purchaser of the suit land on

the "TILLERS DAY". Therefore, he filed an

application under Section 32-G of the said Act for

fixation of price. It is the case of the

petitioner that, he never made any statement

before the Tahsildar or before any other authority

to the effect that, the petitioner has leased out

the suit land in the year 1980 for Rs. 4000/- for

five years to Shri. Raghunath Savant Patil, who is

Special Mukhtyar (Special power