JAMUNABAI SHIVRAM HIREY Vs. MADHAV TRIMBAK MULEY
HIGH COURT OF BOMBAY
Jamunabai Shivram Hirey
Madhav Trimbak Muley
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G.N. Vaidya, J. -
(1.) This petition under article 227 of the Constitution of India was filed by a tenant of agricultural lands, bearing Gat No. 7 admeasuring 3 acres 8 gunthas situate at Maparwadi and 6 other pieces of lands situate at Sinnar, admeasuring totally 4 acres 11 gunthas belonging to the landlord-respondent No. I. The landlord obtained an exemption certificate under section 88C of the Bombay Tenancy and Agricultural Lands Act, on July 29, 1960. He applied for possession of the lands for personal cultivation under section 33-B of the Act. An order for possession was passed in the proceedings and was ultimately confirmed by the Maharashtra Revenue Tribunal on August 20, 1953.
(2.) The petitioner made an application on August 31, 1963 to the Commissioner, Bombay Division, for revocation of the certificate on the ground that the income of the landlord exceeded Rs. 1,500. After issuing show cause notice to the landlord, the Commissioner by his order dated July 6, 1964, revoked the certificate in exercise of the powers delegated to him under section 83-D, as he found that the income of the landlord exceeded Rs. 1,500.
(3.) In the meanwhile, the Commissioner had stayed the execution of the orders under section 33-B. The tenant continued in possession of the lands till the Commissioner revoked the certificate. The landlord never challenged the validity of the revocation of the certificate.;
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