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1996 Supreme(Guj) 243

J.N.BHATT
THAKOR KESAJI RANAJI – Appellant
Versus
VALLABHDAS PARSHOTTAMDAS PARIKH – Respondent


Advocates Appeared: A.D.Padival, G.R.SHAIKH

J. N. BHATT, J.

( 1 ) THE Tenancy Versus Employment is the central theme and heart of this petition under Art. 227 of the Constitution of India involving applicability and interpretation of provisions of Secs. 2 (18), 4 and 70 (b) of the bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Tenancy Act for short ). Whether the petitioners are the tenants or the servants in respect of three agricultural properties bearing Survey Nos. 3911/1, 3911/2 and 3909 situated in the sim of village Vadnagar, Taluka Kheralu, District Mehsana belonging to the respondent (disputed lands for short), is the sole but substantial issue which has come up for consideration and adjudication in this petition in the light of the aforesaid provisions of Bombay Tenancy Act.

( 2 ) WITH a view to appreciate the merits of this petition, a few material facts tracing shortly the long history of litigation which is pending in the high and long legal conduit pipe since more than two decades, obviously, would require narration.

( 3 ) THE petitioners by invoking the aids of the provisions of Sec. 70 (b) of the bombay Tenancy Act, claiming tenancy rights in respect of the disputed lands submitted an application befo


























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