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1983 Supreme(Guj) 4

A.M.AHMADI, R.C.MANKAD
RAMBHAI MANJA NAYAK – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: K.N.RAVAL, M.S.PANDYA, S.N.SHELAT

A. M. AHMADI, R. C. MANKAD, J.

( 1 ) WHERE any immovable property is subjected to acquisition under the provisions of Chapter XX-A of the Incometax Act 1961 (hereinafter called (the Act) can the tenants who are in occupation of different parts of the said property be evicted therefrom under sec. 269-I of the Act with a view to vesting it absolutely in the Central Government free from all encumbrances is the question which we are required to consider in these three petitions brought by the tenants of the acquired property. The facts giving rise to these petitions briefly stated are as under.

( 2 ) THE property which is the subject matter of acquisition is a three storeyed building known as Shamlaji Kripa standing on a parcel of land bearing Tikka No. 8-3 Survey No. 3-7 of Revenue Survey No. 554 situate at Sayajigunj Station Road Baroda. It consists of the ground floor and three storeys. The ground floor of the said property was let sometime in November 1966 to the Union Bank of India Sayajigunj Branch Baroda on a monthly rent of Rs. 1 600 exclusive of municipal taxes. A portion of the ground floor by the side of the staircase was given on rent to Shri Manubhai S. Rajput sometime in A




































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