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2010 Supreme(Guj) 581

H.K.RATHOD
Savarga Bhaktibhai Dullabhai Sthapit Bhakta Patidar – Appellant
Versus
Prabhubhai Dahyabhai Bhkta – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S.R. Divetia, Advocate.
For the Respondent:G.M. Joshi, Advocate.

JUDGMENT :

H.K. Rathod, J.

Heard learned advocate Mr. S.R. Divetia on behalf of appellants and learned advocate Mr. G.M. Joshi for respondents in each appeal.

2. These four appeals involve one question of law as to whether notice served by plaintiffs to respondents - tenants under Section 84 of Bombay Land Revenue Code while terminating tenancy of agricultural lands giving three months' time is legal and valid or not and whether suit notice under Section 106 of Transfer of Properties Act is necessary in spite of two reported judgments as relied by learned advocate Mr. S.R. Divetia, of this Court; one is in case of Arya Satyadev Dhanjibhai & Anr. v. Bhailalbhai Ishwarbhai, reported in 1972 (13) GLR 398 and another in case of Motibhai Nathabhai v. Ramchandra Martandray Vahivatdar Trustee of Ramji Mandir, Baroda, reported in 1974 (15) GLR 18 and further question was whether lower Courts were right in law in following reported judgment of Bombay High Court in case of Manekji Edulji Mistry v. Maneksha Ardeshir Irani, reported in 1972 Vol. LXXV BLR 609.

3. Learned advocate Mr. S.R. Div

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