Y.V.CHANDRACHUD, B.N.DESHMUKH, S.P.KOTVAL
Devidas Narayan More and Anr – Appellant
Versus
Chunilal Bhailal Wani – Respondent
1. The judgment in this Special Civil Application will also govern the disposal of Special Civil Applications Nos. 890 of 1967, 891 of 1967 and 24 of 1968. Along with these Special Civil Applications the parties in several other Special Civil Applications pending in this Court were represented before us and have been heard but they were heard only as interveners upon the questions referred to the Full Bench only.
2. The following three questions have been referred for our decision:-
(1) If the application under Section 33-B is made by more than one landlord which, of course, of necessity, must be landlords jointly holding the same piece of land, are the other lands in the personal cultivation of all the landlords, jointly or even individually, to be taken into consideration for the purposes of clause (b) of sub-section (5) of Section 33-B when applying its provision and particularly the one contained in the words "in the total"?
(2) When the application under Section 33-B has been made against a single tenant, are the lands in the personal cultivation of that tenant other than those in respect of which the application has been made to be taken into consideration
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