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BOMBAY HIGH COURT
N. J. Khandekar, J
Pandurang – Appellant
Versus
Yadaosao – Respondent
| Table of Content |
|---|
| 1. protected tenancy rights and applicable jurisdiction. (Para 1 , 2) |
| 2. progression of the tenancy litigation and interpretations by courts. (Para 3 , 5 , 7) |
| 3. legal interpretations and their implications on jurisdiction. (Para 4 , 6 , 8) |
| 4. res judicata and its exceptions related to jurisdiction and law changes. (Para 10 , 11 , 12) |
| 5. final ruling on jurisdiction and maintainability of respondent's appliation. (Para 19 , 20) |
1. The facts leading to She present petition are no more in dispute. The petitioner Pandurang is a protected lessee of the fields, survey Nos. 28/2, 24/4 and 15/6 area 22 acres, of village Sawargaon Dukre situate, to District Buldana. The respondent No. 4 Yadaosao is the landholder of the said land. The present proceedings came to be initiated by respondent No. 4 under the provisions of S.36(2) read with S.38 of the Bombay Tenancy and Agricultural Lands Act. 1958. hereinafter called the Act, for possession of the land from his tenant Pandurang.
2. The respondent No. 4 acquired right to these fields by a registered deed of partition which is evidenced by a document of December 17, 1958. The tenancy of Pandurang is protected and dates back to a perio
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