THAKKAR
Patel Shanabhai Vithalbhai – Appellant
Versus
Patel Bakorbhai Vithalbhai – Respondent
ORDER:- An interesting question relating to interpretation of Ss.32 and 32-G of the Bombay Tenancy and Agricultural Lands Act, hereinafter referred to as the "Tenancy Act" which does not appear to have been debated so far clamours for solution in this petition under Article 227 of the Constitution of India at the instance of a tenant who, according to the landlord, was dispossessed without due authority of law 3 days before the tillers' day (April 1, 1957). The proposition has been canvassed on behalf of the landlord that if on the tillers' day the tenant was not in actual physical possession, he is not entitled to the benefit of Sections 32 and 32-G of the Tenancy Act notwithstanding the fact that the landlord had obtained possession of the land in question without due authority of law and even if the tenancy has not been lawfully terminated. The proposition canvassed by the landlord has found favour with the Revenue Tribunal and that has provided the tenant with the occasion to approach this Court by way of the present petition.
2. A few facts may be stated. The dispute relates to S.Nos.444, 445 and 146 situated within the limits of village Sonia in the Thasra Taluka of K
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