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1990 Supreme(SC) 20

P.B.SAWANT, K.N.SAIKIA
Hiraji Tolaji Bagwan (Since Deceased) By His Lrs. – Appellant
Versus
Shakuntala – Respondent


Advocates:
A.G.Ratnaparkhi, M.S.Gupta, U.U.Lalit

JUDGMENT

SAWANT, J.:- These proceedings arise under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as the Act). The appellant Hiraji Tolaji was admittedly a protected lessee or tenant of the agricultural land being Survey No. 30 of village Madha, Taluqa Chikhali District Buldana. The land measures approximately 25 acres and 31 gunthas. The respondent who is mentally disabled became the landlady of the land in question in quite queer circumstances which to say the least are indefensible in law. Her father, one Mr. BrijIal Bansilal owned as many as 568 acres of land of which the suit lands are a part. The lands admittedly are ancestral. He effected first partition of his entire holding of lands on January 31, 1949 between himself on the one hand and his wife and a minor son on the other. On December 16, 1950, he effected a second partition of the very same lands between himself on the one hand and his wife and his son on the other. Again on June 29, 1959 he effected a third partition of the said lands between himself on the one hand and his wife and his two minor daughters including the respondent on the other. There is further no disput















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