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2024 Supreme(Bom) 1072

S. G. MEHARE
Shankarrao Sakharam Adhav – Appellant
Versus
Prakash Nilkanth Joshi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. P.S. Dighe h/f Mr. V.R. Dhorde
For the Respondent: Mr. A.S. Shinde, Mr. A.P. Bhandari

JUDGMENT :

S.G. Mehare, J.

Rule. Rule made returnable forthwith. Heard finally with the consent of parties.

2. Since in both petitions the common issue was involved and the respondent is common; hence, taken up for disposal together.

3. In Writ Petition No.13268 of 2018, the petitioner has impugned the order of the learned Member, Maharashtra Revenue Tribunal, Aurangabad passed in Case No.17/B/2016/Ahmednagar dated 24.09.2018. In Writ Petition No.13265 of 2018 has impugned the order of the Hon'ble Member, Maharashtra Revenue Tribunal, Aurangabad in Case No.16/B/2016/Ahmednagar dated 24.09.2018. The petitioners in both cases were tenant and respondent no.1 was the landlord.

4. The facts in Writ Petition No.13268 of 2018 were that the father of respondent no.1 had leased the suit land by registered lease deed dated 16.09.1967 for 16 years on yearly lease of Rs.60 p.a. The land was leased for cultivating the sugarcane. It was a contractual lease. Since the petitioners/tenants failed to cultivate the land and violated the terms of lease deed, the respondent issued him a notice of determining the lease under Section 14 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 ('Act of 1948

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