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1996 Supreme(Bom) 418

S.B.MHASE
Nandlal Sakharam – Appellant
Versus
Babu Bhika and others – Respondent


JUDGMENT

S.B. MHASE, J.:---These three appeals have been clubbed together for the purposes of disposal as the common question of law is involved in all these appeals. Not only that, but the facts available in these three appeals are akin to each other except the few dates which will be separately stated hereinafter. However, due to the said difference, the result of appeals will not be affected and therefore, they are being decided together by a common judgment.

2. Appeal No. 17 of 82 and Appeal No. 203 of 82, so far as the facts are concerned, are same, except the change in the names of parties. The facts in these appeals are ---

The suit properties involved in these suits are the properties of Jahagirdar, viz. Nurul Jiyauddin s/o Nurul Attkiya. The said Jahagirdar had executed lease of the suit land in favour of three persons, viz. Sakharam, Ganeshlal and Motilal permanently under the registered deed of lease dated 28th June 1945. The defendants were recorded annual tenants of the suit land in the Records of Right. Therefore, Sakharam and others including Jahagirdar served a notice to quit under section 74(2) of the Berar Land Revenue Code and then filed a suit Bearing No. 327-A



































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