S.N.PHUKAN, S.S.M.QUADRI
Tatoba Bhau Savagave (D) By Lrs. – Appellant
Versus
Vasantrao Dhindiraj Deshpande – Respondent
JUDGMENT
Syed Shah Mohammed Ouadri, J.-This appeal by special leave is filed by the tenant against the order of the High Court of Judicature at Bombay in Writ Petition No. 3205 of 1982 dated January 9/10, 1992.
2. The question that arises in this appeal is: whether in calculating the ceiling area of the landlord for purposes of clause (a) of sub-section (1) of Section 43-1B of the Bombay Tenancy and Agricultural Lands Act 1948, should any land held by him outside the State of Maharashtra be computed?
3. By Maharashtra Act XXXIX of 1964 Chapter III-AA was inserted in the Bombay Tenancy and Agricultural Lands Act, 1948 (for short the Act ) and the words or serving member of the armed forces" were deleted from Section 32-F of the Act. Chapter III-AA contains special provisions for termination of tenancy by landlords who are or have been serving members of the Armed Forces and for purchase of their lands by tenants. Section 43-1B which is one of the main provisions in that chapter confers a right on the landlord to terminate the tenancy of any land and obtain possession from the tenant thereof. We shall set out here sub-section (1) of Section 43-1 B:
43-1B. (1) Notwithstanding anythin
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