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1979 Supreme(Guj) 234

N.H.BHATT
BALUBEN W/o FATESINH NANABHAI – Appellant
Versus
SADHURAM BHAILALBHAI PATEL – Respondent


Advocates Appeared: B.H.MEHTA, KURESHI HAMID

N. H. BHATT, J.

( 1 ) THIS is a petition by some persons claiming to be tenants of agricultural piece of land S. No. 839 admeasuring 2 acres and 16 gunthas situated in the sim of village Bhadran of Borsad Taluka in Kaira District. The petitioners apprehended and in fact were allegedly threatened by the respondent landlord that he would disturb their possession. So by invoking sec. 70 (nb) of the Bombay Tenancy Act they had approached the Mamlatdar for an injunction restraining the landlord from interfering with their possession. The Mamlatdar bad granted the injunction 5-7-74 restraining the respondent-landlord from interfering with the possession of the petitioners. After that injunction was served on the respondent he approached the Civil Judge (J. D.) Borsad on 15-7-74 and keeping him in dark about the injunction issued against him by the competent authority under the Bombay Tenancy Act procured an ex-parte injunction in his favour and against the petitioners. The Mamlatdar however then thought that as the Civil Judge had taken seizin of the matter he vacated the injunction by his order dated 30-11-74 against which the petitioners had preferred an appeal before the appellate auth







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