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2023 Supreme(SC) 1073

S. RAVINDRA BHAT, ARAVIND KUMAR
Keshav Bhaurao Yeole (D) By Lrs. – Appellant
Versus
Muralidhar (D) – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M.Y. Deshmukh, Adv. Ms. Manjeet Kirpal, Adv. Mr. Rameshwar Prasad Goyal, AOR
For the Respondent(s): Mr. Ravindra Keshavrao Adsure, AOR Mr. Yash Prashant Sonavane, Adv.

JUDGMENT :

Aravind Kumar, J.

1. The appellants are the legal heirs of original landlord, Keshav Bhaurao Yeole (hereinafter referred to as “landlord” for ease of reference). Survey No. 291 (admeasuring 26 acres 13 guntas) and Survey No. 290/1 & 290/2 (admeasuring 8 acres 21 guntas) had been given on lease to Respondent Nos. 2 & 5 (now deceased) namely Murlidhar Damodar Modhave & Bhausaheb Damodar Modhave and Respondent No.1 namely Kundalik Damodar Modhave (now deceased) respectively, (hereinafter referred to as “tenants”) through two separate lease deeds dated 30.08.1962, for a period of 13 years. The lease in respect of Survey No. 291 was specifically executed for cultivation of sugarcane crop, whereas the lease for Survey No.290/1 & 290/2 were for cultivation, generally.

2. On the expiration of the tenure of the lease, a notice (dated 05.09.1975) for termination of tenancy (hereinafter referred to as ‘notice’) had been issued to the tenants. The landlord sought to recover possession for the purpose of personal cultivation. It was stated in the notice that the tenanted land was th


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