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Salubai Ramchandra And Ors. vs Chandu Saju And Ors. on 24 March, 1965

22. The order under challenge before the Tribunal, namely, the appellate order of the Deputy Collector, rejects the application of the petitioner on the short ground that he claimed the property as a result of family partition in 1959. The Deputy Collector could not have rejected the application of the petitioner on this ground in view ol the decision of this Court in Smt. Salubai v. Chandu, . In view of this decision it is necessary not only to set aside the order of the Tribunal but also the order of the Deputy Collector which is ex facie not correct, and remand the matter to the Deputy Collector for a fresh decision of the appeal according to law. The orders of the Tribunal and the Deputy Collector are therefore set aside and the matter is remanded to the ap-pellate authority for being considered at the appellate stage.
Bombay High Court Cites 53 - Cited by 9 - Full Document
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