M.C.CHAGLA, R.S.BAVDEKAR, S.R.TANDOLKAR
Durlabhai Fakirbhai – Appellant
Versus
Jhaverbhai Bhikhabhai and Anr – Respondent
1. A very short question has been referred to this Full Bench and it arises with regard to the proper interpretation of Act 33 of 1952 which amended Section 34, Tenancy Act. A few facts which may be stated in order to appreciate the point raised are that the landlord) gave a notice on 6-3-1952 to his tenant under Section 34, Tenancy Act on the ground that he needed the land bona fide for his personal cultivation. The notice was to expire on 31-3-1953. The landlord filed an application for possession under Section 29 before the Mamlatdar on 11-4-1953. The Mamlatdar granted possession, in appeal the Prant Officer confirmed the decision of the Mamlatdar, and in revision the Bombay Revenue Tribunal confirmed the order of the two lower Courts, and the matter has now come up before us on this Full Bench.
2. Now, when the notice was given on 6-3-1952 the conditions laid down in Section 34 which permitted the landlord to obtain possession from his tenant were satisfied. By the Amending Act 33 of 1952 certain further limitations were placed upon the right of the landlord to obtain possession, and when the notice terminated the tenancy on 31-3-1953 those limitations would not permit t
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