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1956 Supreme(Bom) 142

M.C.CHAGLA, P.B.GAJENDRAGADKAR, D.V.VYAS
Jaswantrai Tricumlal Vyas – Appellant
Versus
Bai Jiwi – Respondent


Judgment -

1. A question of some importance arises for the decision of this Full Bench. The facts may be simplified in order to pose the question clearly. A landlord flies an application for ejecting his tenant on the ground that he is in default for payment of rent. The tenant has no answer to the landlords application. The landlord Joins in that application, which is preferred before a Revenue Authority, two persons who were sub-tenants of the tenant and to whom the land was let out, and the landlord contended that if the tenancy of the tenant could be legally terminated, the sub-tenants had no right to continue to remain on the land. The question that we have to consider is whether the Tenancy Act gives any protection to these two subtenants, a very important and salient feature of this case is that the contract of sub-tenancy between the tenant and the sub-tenants was a legal contract and the sub-tenants were cultivating the land lawfully. It is true that under the ordinary law of the land, under Section 111(c) of the Transfer of Property Act, when the tenancy, was terminated the sub-tenants would have no right to remain on the land, and that the contract between the subtenants















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