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1990 Supreme(Bom) 359

A.C.AGARWAL
Chintaman Tukaram Detir – Appellant
Versus
Anand Moreshwar Bhat and another – Respondent


JUDGMENT - ASHOK AGARWAL, J.:---Whether the successor of a widows landlady are obliged to give notice to the tenant of the fact of death of the widow in proceedings under section 32-F of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to for the sake of brevity as "the tenancy Act") is the short question then arises for determination in the present petition.

2. The petitioner is the tenant in respect of the suits lands. The description of the same as given are given below:-

Village Sr. No. Area Assessment H A Rs.Ps.

Nale 240 G-44 1-00

243 1-15-3 5-31

244 0-69-5 8-00

3. The respondents are the landlords. They succeeded to the aforesaid lands under a Will of one Saraswatibai, who was originally the landlady. The husband of Saraswatibai died on 29th June, 1947. She was thus a widow as on 1st April, 1957, the tillers day. In view of this the tillers day was postponed during her life time.

4. On 2nd of November ,1973 the petitioner initiated proceedings under section 32-G for fixing the purchase price in respect of the aforesaid lands. Notice of the said proceedings was served upon Saraswatibai on 17th November ,1973. On 6th December ,1973 S
















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