LAWS(BOM)-2020-10-172

KHABULAL VAZIRODDIN Vs. MALANBAI DATTATRAYA NAIK

Decided On October 26, 2020
Khabulal Vaziroddin Appellant
V/S
Malanbai Dattatraya Naik Respondents

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned advocate Mr. Thigale waives service for the contesting respondent No. 2. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) Invoking the jurisdiction of this Court under Article 227 of the Constitution of India the petitioners are impugning the concurrent findings of the three Authorities under the Hyderabad Tenancy and Agricultural Lands Act ( hereinafter 'the Tenancy Act') whereby their claim that their predecessor Khabulal was a tenant in three lands belonging to one Dattatraya Amrapurkar on the basis of oral agreement of Batai and after demise of Dattatraya, on the basis of a Batai Patrak dated 16.06.1976 executed by the respondent No. 2's mother Malanbai, has been dismissed.

(3.) The facts leading to filing of the petition may be summarized as under: