N.K.VAKIL
CHHITABHAI UKABHAI – Appellant
Versus
NAGINLAL MANCHHARAM DAVE – Respondent
( 1 ) THE Petitioner in this petition was the tenant of survey No. 27 which admeasured 6 acres and 25 gunthas situated at village Kansia Taluka Ankleshwar District Broach. This tenant had to give possession to the landlord respondent No. 1 of four acres out of this land as a result of an order passed under sec. 34 as it then stood under the Bombay Tenancy and Agricultural Lands Act 1948 on the ground that the landlord wanted to cultivate the land personally. Thereafter the tenant filed a Tenancy Application No. 369 of 1957 on 29th March 1957 alleging that the landlord had ceased to cultivate personally the land given to him for personal cultivation and had leased out that land to some other persons and on that allegation he prayed that the land should be restored to him under law. He alleged that the respondent No. 1 had leased out the land to the present respondent Nos. 2 to 4. The Aval Karkun Ankleshwar passed an order restoring possession of the suit land to the petitioner. The landlord thereupon preferred the Tenancy Appeal in the Court of the Prant Officer at Broach who confirmed the findings of facts given by the trial Court and dismissed the appeal. The landlo
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