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1981 Supreme(Online)(Bom) 6

BOMBAY HIGH COURT
, J
Sakharam Shinde and Others v. Vilas Anant Deshpande and Others


Advocates:
For the Appellants/Petitioners: Mr. Babasaheb Bhonsale
For the Respondents: Mr. Naik

Table of Content
1. the court examines challenges presented by the ambiguity in the tenancy act. (Para 1 , 2)
2. details about the tenant's status and the history of the landlord's possession application. (Para 3 , 4 , 5 , 6 , 7)
3. the court analyzes categories of tenants under the act to determine ownership. (Para 8 , 9 , 10 , 11 , 12)
4. gap in the act raises legislative intent to safeguard tenant ownership rights. (Para 13 , 14 , 15)
5. the court rules in favor of the tenant's statutory ownership of land. (Para 16 , 17 , 18)

1. The question raised by Mr. Babasaheb Bhonsale appearing for the petitioners in this petition which arises out of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter, the Tenancy Act) is, really speaking, one which presents quite some difficulty. It reveals the shortcomings of the draftsmen who have to burn the midnight oil for the purpose of effecting so many amendments in the Tenancy Act.

2. The question arises in the following circumstances : -

3. The land in question has Survey No. 316 admeasuring 39 Acres, 23 Gunthas. Respondent No. 1 herein (hereinafter, the Respondent) was the owner of the same till the demise of the present petitioner who


















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