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2000 Supreme(Bom) 453

A.M.KHANWILKAR
Vasudeo Ramchandra Kale & others – Appellant
Versus
Vijay Bhikaji Raut & others – Respondent


JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition takes exception to the judgment of the Maharashtra Revenue Tribunal, Bombay dated 23rd July, 1984 in Tenancy Application No. 156 of 1983.

2. The petitioners are the landlords in respect of the agricultural land bearing R.S.No. 21/6A admeasuring 26 Are and R.S.No. 21/128 admeasuring 7 Are of Village - Jamsande situated in Deogad Tahsil, Dist.- Sindhudurg. The respondents are the successors of Sitaram Raut, who was admittedly a protected tenant in respect of the suit land. It is not in dispute that proceedings in relation to declaring the said Sitaram Raut as protected tenant were held sometime in the year 1948 wherein he was declared as a protected tenant on 15-3-1948. The mutation entry in that behalf has also been recorded. The said Sitaram Raut expired on 30th December, 1948 i.e. two days after the Bombay Act No. LXVII of 1948 (The Bombay Tenancy and Agricultural Lands Act, 1948) came into effect.

3. The present case is therefore, governed by the provisions of Tenancy Act of 1948. The main issue which arises for consideration is whether the respondents who are the heirs of deceased Sitaram Raut- the protected tenant in respec



























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