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1979 Supreme(Bom) 93

M.P.KANODE
SHANIWAR DHONDU DHARNEKAR – Appellant
Versus
PRABHAVATI CHANDRAKANT PATANGE – Respondent


JUDGMENT- Respondent No.1 is the landlady of Survey No. 41 admeasuring 22 acres and 2 gunthas plus 2 acres Pot Kharab and Survey. No. 17 admeasuring 32 gunthas situated at village Akorli in Panvel taluka of Kolaba district. The petitioner is admittedly a tenant on the said lands. Respondent landlady filed an application for possession of the lands in dispute under the provisions of section 14 read with section 25 (2) of the. Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the "Bombay Tenancy Act"). It is contended by the landlady that the tenant had made defaults for three years from 1969-70 to 1971-72 and intimations have been given on each default and ultimately the tenancy was terminated and thereafter the present application under section 14 read with section 25 (2) of the Bombay Tenancy Act is filed.

2. The Additional Awal Karkun, Panvel who made enquiry in respect of the said application framed necessary issues and recorded evidence of the parties and on consideration of evidence on record, Additional Awal Karkun came to the conclusion that the tenant-petitioner has committed three defaults and an intimation accordingly was given for each default.











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