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1969 Supreme(Bom) 101

R.R.BHOLE
Shankar Deoba Patil and Anr. – Appellant
Versus
Ganpatilal Shiodayal Chamedia – Respondent


JUDGMENT

1. This is an application in revision by the defendant from an order passed by the Civil Judge, Junior Division, Darwha, in Civil Suit No. 266 of 1959. The applicants are directed to furnish security in a sum of Rs. 30,000/-to cover the costs, mesne profits and future mesne profits that may be accrued to the plaintiff-opponent. A further order is made by the Civil Judge that if they fail to furnish the security within fifteen days from the date of the order, the defence of the defendants shall stand struck off from the record.

2. The plaintiff filed a suit against the applicants with a prayer for their ejectment from the suit field admeasuring 75 acres and also claiming mesne profits at a rate of Rs. 1333.33 per annum. The applicants here have claimed tenancy rights and, therefore, an order was made under Section 125 of the Bombay Tenancy and Agricultural Lands Act, 1958, referring the issue of tenancy to the Mamlatdar. The mamlatdar has found that applicant No. 1 was a tenant. This was confirmed by the Special Deputy Collector also in an appeal heard by him. The matter went up to the Revenue Tribunal and the Revenue Tribunal also confirmed the order of the two lower courts






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