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BOMBAY HIGH COURT
Mr. Abhyankar, J
Madhao Tatya Sonar v. Maharashtra Revenue Tribunal at Nagpur
| Table of Content |
|---|
| 1. tenant's surrender and verification. (Para 1 , 2 , 3) |
| 2. conflict in orders regarding possession. (Para 4 , 5) |
| 3. understanding of s.20 and s.36. (Para 6 , 7) |
| 4. arguments regarding surrender implications. (Para 8 , 9) |
| 5. distinction between tenant and tenancy. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 6. order for possession importance. (Para 16 , 17 , 18) |
| 7. interpretation of surrender and possession. (Para 19 , 20 , 21 , 22 , 23 , 24) |
| 8. supreme court's perspective on tenancy. (Para 25 , 26 , 27) |
| 9. final judgment and dismissal. (Para 28 , 29) |
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 t
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