BOMBAY HIGH COURT
Mr. Abhyankar, J
Madhao Tatya Sonar v. Maharashtra Revenue Tribunal at Nagpur
1. The short question that arises in this reference is whether it is essential for a landlord to obtain an order for possession of a field in regard to which a tenant has terminated his tenancy by surrendering his interest in favour of the landlord and the surrender has been verified under S.20 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. The petitioner is the landlord, Sampat, the respondent No. 3 was his tenant, and the respondent No. 4 is a transferee from the petitioner after he took the alleged surrender. The field involved is survey No. 15/1 of Waki Khurd in Chikhali taluq of Buldana district. Sampat the respondent No. 3 became the tenant of the petitioner sometime in the year 1951-52. On 4-8-60, however, Sampat executed a surrender deed in respect of this field under S.20 of the new Tenancy Act. In the document, it is recited that the tenant was surrendering all his rights without consideration and that he had handed over possession of the field with the standing crops on the date of the document. The tenant himself also made an application under S.20 of the new Tenancy Act for verification of the surrender. That is Revenue Case No. 5/59(4) / 60-
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