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1977 Supreme(Bom) 149

B.N.DESHMUKH, A.R.SHIMPI
CHINTAMAN ANANT KHASNIS – Appellant
Versus
KESHAV DNYANU MORE (Heirs of deceased Dnyanu Babaji More) – Respondent


JUDGMENT

DESHMUKH J.- The petitioner is a certificated landlord under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act"). He had filed an application for obtaining possession of the entire tenanted land under the provisions of section 33B of the Tenancy Act. The application was rejected by the Mamlatdar principally on the ground that he had previously applied under section 31 of the Tenancy Act and had obtained a final order in his favour. In the circumstances, Section 33B (5) (a) would come in his way and he was not entitled to any relief. The appeal filed by the landlord succeeded as the Special Deputy Collector held that resumption under section 33B (5) (a) meant actual recovery of possession and not a mere order to obtain possession passed by the Tribunal under section 31. The tenant was dissatisfied and filed a revision application before the Revenue Tribunal. The Revenue Tribunal allowed the revision application by accepting a view already taken by a Full Bench of that Tribunal. The learned President found that there were two conflicting judgments of single Judges of this Court one of which took the view simila





























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