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1987 Supreme(Bom) 17

SHARAD MANOHAR
Mahadu Dipa Koli since deceased through his legal heirs – Appellant
Versus
Shahajadhi w/o Musamiya Musalman & others – Respondent


JUDGMENT - SHARAD MANOHAR, J.:---A very narrow, but very interesting question is raised by Mr. Desai in this appeal concerning the provisions of section 85 and 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter for the sake of brevity called 'the said Act') read with section 32-G of the said Act.

2. The facts are very simple. The plaintiff, who is the appellant before me (since deceased, through his legal representatives), was admittedly the tenant in respect of the land which is the subject matter of this appeal. In fact, he was a tenant of a piece of land of which suit land formed a part. Respondent Nos. 1 to 4 were owners of this piece of land. Without entering into the other part of this litigations, all that needs to be stated herein is that respondent Nos. 1 to 4 had made an application to the Tenancy Court for recovery of possession of the land lease by them to the plaintiff under section 32 read with section 29 of the said Act on the ground of their personal bona fide requirement. The litigation had reached the precincts of this Court in Special Civil Application No. 492 of 1960. This Court passed an order on 24th August, 1960 to the effect that res


























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