M.K.SHAH, S.H.SHETH
MAGANBHAI MADHAVBHAI PATEL – Appellant
Versus
PATEL DHULABHAI CHUNIBHAI – Respondent
( 1 ) ). These two appeals arise out of Special Civil Suit No. 16 of 1967 decided by the Court of the Civil Judge (Senior Division) at Baroda. The facts of the case briefly stated are as under.
( 2 ) THE plaintiff filed the present suit against the defendants for recovery of possession of agricultural lands on the allegation that prior to 1st April 1957 he was the tenant in respect of those lauds and had become their deemed purchaser under the Bombay Tenancy and Agricul- tural Lands Act 1948 He further alleged that in 1965 he was disposse- ssed. In defence it was contended that the plaintiff was not the tenant prior to 1st April 1957 and that therefore he had not become the deemed purchaser under the provisions of the Tenancy Act. It was next contended that he had surrendered the lands to the landlords on 1st April 1957 and had been working on the land since then as the landlords servant. The learned trial Judge held that the plaintiff was the tenant prior to 1st April 1957 and that he had become the deemed purchaser on that date under sec. 32-G of the Tenancy Act. It was also held that he was wrongfully dispossessed by the defendant-landlords. He therefore passed in
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