JAICHAND HOUSILAL GUJARATHI Vs. ANANDA TANJI PATIL
LAWS(BOM)-1972-10-5
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on October 27,1972

JAICHAND HOUSILAL GUJARATHI Appellant
VERSUS
ANANDA TANJI PATIL Respondents

JUDGEMENT

- (1.) THESE proceedings have been filed against the order made by the Maharashtra Revenue Tribunal allowing the revision under Section 111 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as "the Tenancy Act" ).
(2.) TWO issues were referred by the Civil Court in Civil Suit No. 288 of 1961 and issue No. 5 was to the following effect:-Whether the defendants have become tenants of the suit land as alleged by them? when the matter went before the tenancy Court, parties filed their statements and pleaded their respective cases. By a written statement dated 6-6-1963 the purported tenant stated that they were on the land under an agreement of lease. They also gave the details thereof. Further they pleaded that because they became the owners on 1-4-1961 under the Act being contractual lessees, the earnest note for the sale of the said land was invalid.
(3.) THE landlords filed their statement saving that they were upon the land inducted because of the agreement of sale and as the prospective purchasers. Evidence was led by both the parties on these pleadings. Shamrao who is one of the claimants as tenant took oath alleging that he was the lessee from the year 1957-58; that he had executed the lease-deed and was in possession of the land as lessee since then. Anandrao who was examined on behalf of the tenant tried to support that plea that they had taken the lease since 1957-58 upon annual lease of Rs. 150/- for a year. Some other evidence was also led to support the contractual tenancy.;


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