HINDURAO GANPATI MANDHRE Vs. MAHADEO VITTAL MANDHRE
LAWS(BOM)-2012-11-72
HIGH COURT OF BOMBAY
Decided on November 30,2012

Hindurao Ganpati Mandhre Appellant
VERSUS
Mahadeo Vittal Mandhre Respondents

JUDGEMENT

B. P. Dharmadhikari, J. - (1.)The challenge by the Petitioner in this matter is to the Judgment delivered by the M.R.T.Pune-1 in Revision Application registered as MRT.No.NS.IV.3.911 filed by the Original Respondent no.1 now represented through his legal heirs.
This Court has issued Rule in the matter on 28.5.1995 and stayed further proceedings on 9.2.1996.

(2.)The facts are not in dispute. The lands at Wai, form the subject matter of this litigation. On 1.4.1957 i.e. the tillor's day a widow by name of Smt Krishnabai was recorded as permanent tenant on these lands owned by one Sakharam Ganu Madhare. Ganpat Krishna Mandhre was recorded as a tenant. On 13.10.1062 proceedings under section 32F were postponed by the Tahsildar and the Agriculture Land Tribunal, Wai as the tenant was a widow. On 30.10.1988 the proceedings under section 32G were disposed of on certain grounds by the very same Authority. This order was set aside by the S.D.O. Mahabaleshwar on 15.11.1989 who directed a fresh inquiry. The fresh inquiry was conducted by the Tahsildar Agriculture Land Tribunal, Wai and vide order dated 28.8.1990 earlier order passed on 30.10.1988 was restored.
(3.)Against this order Hindurao Ganpati Madhare i.e. the present Petitioner filed an Appeal registered as Appeal No.101 of 1990 before the S.D.O.Mahabaleshwar. After noting all these facts the S.D.O. found that the order of Tahasildar could not have been sustained. He noted that there were no provisions for staying or indefinitely suspending the matters of deemed purchase in relation to lands in possession of widows and hence order dated 13.10.1962 was void and ignored it. He thereafter noted that on 1.4.1957 Krishnabai was a permanent Agriculturist. He therefore, allowed the Appeal and declared that the lands have been purchased by tenant Ganpati Mandhare through his heirs Hindurao Ganpati Madhare (present Petitioner) on 1.4.1957. The lower Authority was directed to determine the purchase price in accordance with law.


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