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1997 Supreme(Bom) 709

T.K.CHANDRASHEKHARA DAS
Dagadu Rama Mali and another – Appellant
Versus
Pandurang Govind Mali and another – Respondent


JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The only question argued before me on behalf of the petitioner is whether the application filed by the respondents was maintainable under section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948. The question arises under the following facts :

2. Deceased respondent No. 2- Yeshwada w/o Nevratti Mali was the landlady widow on 1-4-1957 in respect of land comprising R.S. No. 347/2 now Block No. 1290 admeasuring O.H. - 19 acres, assessed at Rs. 0-15, situated at village Lengore, Tahsil Khanapur, District Sangli. The said land was held by the tenant one Pandurang Govind Mali respondent No. 1. Since the landlady was widow on the tiller's day, proceedings started under section 32-G were dropped till the postponed expiry period as laid down in section 32-F of the Tenancy Act. During this period in 1967 the landlady (widow) sold this land to the petitioner and who started obstructing the enjoyment of the land by the tenant. The tenant then applied under section 70(b) for a declaration that he is a tenant of the suit premises. The matter went up to High Court and it has been finally established that he has been a tenant of the suit land. Th









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