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1998 Supreme(SC) 1122

G.T.NANAVATI, S.RAJENDRA BABU
Rangnath Vishnu Mulluck – Appellant
Versus
Vithoba Rama Rahane – Respondent


Judgment

Nanavati, J.-The appellants who were the purchasers from the landlord have filed this appeal against the judgment of the High Court in writ petition No. 799 of 1982.

2. The respondent-Vithoba was the tenant of nine pieces of lands. In respect of five lands, proceedings were initiated under Section 32-G of the Bombay Tenancy and Agricultural Lands Act in the year 1962. On the basis of the statement alleged to have been made by the tenant on 5.8.1962 expressing his willingness to purchase those lands, an order was passed declaring the statutory sale ineffective. The landlord obtained possession of those five lands on the basis of the said order. So far as the other four lands are concerned, there was no order in favour of the landlord and yet he took over possession of those lands also. The tenant, therefore, filed an application under Section 84 of the Act for summary eviction of the landlord from those lands. The Agriculture Lands Tribunal dismissed the same on the ground that the proper remedy for the tenant was to make an application under Section 29 of the Act and not under Section 84. The appeal against that order was dismissed. The Revision Application made to the Reve



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