Judgment

This appeal and C.A. No. 8556/94 involve a common question and they also arise out of a common judgment dated 20.2.1990 of the High Court of Judicature at Bombay in Writ Petition No. 49/89 and Writ Petition No. 2929/88. Respondent No. 1 in C.A. No. 8556/94 has died and the appellant-trust has, therefore, filed an application for bringing on record the LRs. of respondent No. 1. Civil Appeal No. 8556/94 is, therefore, delinked and only Civil Appeal No. 8555/94 arising out of Writ Peti­tion No. 49/89 is disposed of by this judgment.

2. The appellant-trust is a certified landlord under the Bombay Tenan­cy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as ‘the Act’). It made an application under Section 120 of the Act for summary eviction of the respondents on the ground that they have no right to remain on the land as legal heirs of the de­ceased tenant or in any other capacity and thus they are unauthorised­ly occupying or wrongfully in possession of its land. The Sub-Divisional Officer, Daryapur allowed that application as he found that the respondents had not even initiated any proceeding for getting the declaration that they are the statutory own