JUDGMENT - Mohta V., J.: - The basic facts involved in these two petitions are common and, therefore, they are being disposed of by one judgment.

2. The respondent, Smt. Maltibai became an exclusive owner in respect of field Survey No. 24/1 measuring 6 acres 35 gunthas and 25/1 measuring 4 acres and 36 gunthas both of village Akot in District Akola by virtue of a sale deed dated 4-12-1947. Petitioner Gulab son of Puran in Special Civil Application No 31-6 of 1974 is concerned with those fields On 1-4-1957 the respondent created a tenancy in respect of these two fields in favour of one Shri. Puran, the father of the petitioner Guiab. On 28-12-195R notice was given by the respondent terminating the tenancy on the ground of bona fide personal cultivation. This was followed by, an application dated 30-9-1959 under section 36(2) read with section 39 of the Bombay Tenancy and Agricultural Lands(Vidarbha Region) Act, 1958 (hereinafter referred to as “the Act”) filed before the Tahsildar, Akot, for possession. This was Revenue Case No. 173-59(10-F) /60.61 decided on 9.4-1962. The order was in favour of the respondent holding that the need was established. Inasmuch as on the date of the appl

Click Here to Read the rest of this document