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1994 Supreme(Bom) 135

M.F.SALDANHA
Jamunabai Parmananddas Shah and others – Appellant
Versus
Bajirao Seetaram Kalbhor and others – Respondent


JUDGMENT - M.F. SALDANHA, J.:—A next question of law has been posed for determination in this Second Appeal which basically calls for determination of the issue as to when and under what circumstances can it be said that the character and definition of agricultural land stand altered to non-agricultural land pursuant to permission being granted by the Collector for non-agricultural use. In other words, whether on the passing of an order granting such permission for N.A. use, the lands ceased to be agricultural lands, and therefore, the bar of alienation under section 43 of the Bombay Tenancy and Agricultural Lands Act or for that matter the requirements under section 63 of the that Act which prescribes that permission to purchase by a non-agriculturist will cease to be applicable, are the points in issue. The allied aspect of the matter and one of some importance is raised in the companion Civil Application whereby the appellants who lost their appeal principally on the ground that the original order dated 9-10-1964 whereby permission for non-agricultural use was granted had not been produced before either the trial Court or the Appeal Court, made an application on the basis of a c

















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