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1964 Supreme(Bom) 9

N.L.ABHYANKAR, V.G.WAGLE
SHRI KESHEORAJ DEO SANSTHAN, KARANJA – Appellant
Versus
BAPURAO DEOBA – Respondent


JUDGMENT

ABHYANKAR J.-This order will govern the disposal of all these petition which raise a common question under the Bombay Tenancy and -Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958, Act No. XCIX of 1958.

2. The petitioner in all these cases is Shri Kesheoraj Deo Sansthan of Karanja. The Sansthan filed an application against several tenants in respect

of lands held by them, before the Naib-Tahsildar, Murtizapur, claiming possession of the lands under cultivation of the several tenants under section 36 (2), read with rule 16 of the Bombay Tenancy Act of 1958 and the rules made there under applicable in this region. Prior to that the petitioner had issued a notice purporting to be a notice under section 38 of the New Tenancy Act through their advocate to various tenants. One such notice is to be found at page 16 of the paper book in Special Civil Application No. 368 of 1962. The notice recites that the client on whose behalf the notice is given, is a private Sansthan and that one Kesheorao Amte was its Wahiwatdar. Then the notice proceeds to say that tho Sansthan owns property described in the notice and that the Sansthan is entitled to determine the tenancy in re























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