JUDGMENT - M.F. SALDANHA, J.:---A short but interesting issue arises in this petition concerning the applicability of section 43 of the Bombay Tenancy Agricultural Lands Act, 1948. The section in effect, prescribes a bar on alienation of agricultural lands in respect of which the tenant has been conferred ownership, save and except in a situation where the previous sanction of the Collector has been obtained. In these circumstances, the question arises as to what is the remedy available if an arrangement has been entered into in breach of the provisions of law.

2. The petitioner before me is the original defendant in Regular Civil Suit No. 221 of 1991 filed in the Court of the Civil Judge, Senior Division, Kalyan by the tenant plaintiff. The plaintiff had approached the Court for the relief which was confined to an injunction restraining the defendant from obstructing/disturbing the peaceful possession and occupation of the plaintiff. The dispute concerns two pieces of land and it is admitted that in or about the year 1981 the plaintiff borrowed a sum of Rs. 6000/- from the defendant ostensibly for the purpose of paying the purchase price of those lands. It is not in dispute that

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