Y.V.DIXIT, D.V.VYAS
Rama Motibhai – Appellant
Versus
Dalwadi Tupoo Rama – Respondent
1. This application under Articles 226 and 227 of the Constitution of India arises out of, an application made by the applicant landlord under Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948, to recover possession of seven acres of land from survey Nos. 196 and 185 of Jalia. In the application the landlord stated that he wanted to recover possession of this land from his tenant for bona fide personal cultivation.
The Extra Aval Karkun, Dhandhuka, in whose Court the application was filed, and who heard the application, came to the conclusion that the landlord had only 3 acres and 20 gun thus of land in his possession for personal cultivation and that the lands in suit were required by him bona fide for personal cultivation.
Consistently with that view, he granted the application of the landlord and directed the tenant to deliver possession of the lands to the landlord. The tenant went in appeal to the Prant Officer and the said officer confirmed the order of the Extra Aval Karkun.
2. In appeal one of the grounds which was taken on behalf of the tenant was that the present applicant, Rana Motibhai Sartansang, was not the sole owner of this land but that there w
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