DEVIDAS NARAYAN MORE Vs. CHUNILAL BHAILAL WANI
LAWS(BOM)-1972-4-1
HIGH COURT OF BOMBAY
Decided on April 28,1972

DEVIDAS NARAYAN MORE Appellant
VERSUS
CHUNILAL BHAILAL WANI Respondents

JUDGEMENT

- (1.) THE judgment in this Special Civil Application will also govern the disposal of Special Civil Applications Nos. 890 of 1967, 891 of 1967 and 24 of 1968. Along with these Special Civil Applications the parties in several other Special Civil Applications pending in this Court were represented before us and have been heard but they were heard only as interveners upon the questions referred to the Full Bench only.
(2.) THE following three questions have been referred for our decision:- (1) If the application under Section 33-B is made by more than one landlord which, of course, of necessity, must be landlords jointly holding the same piece of land, are the other lands in the personal cultivation of all the landlords, jointly or even individually, to be taken into consideration for the purposes of clause (b) of sub-section (5) of Section 33-B when applying its provision and particularly the one contained in the words "in the total"? (2) When the application under Section 33-B has been made against a single tenant, are the lands in the personal cultivation of that tenant other than those in respect of which the application has been made to be taken into consideration for the purposes of clause (b) of sub-section (5) of Section 33-B when applying its provision and particularly the one contained in the words "in the total"? (a) In the case of an application made under Section 33-B, if the same landlord or the same joint landlords have let out their lands to more than one tenant and each of the said tenants is personally cultivating the lands respectively let out to him, are the lands of all such tenants other than the lands in respect of which the application has been made to be taken into consideration for the purposes of clause (b) of sub-section ( (5) of Section 33-B when applying its provision and particularly the one contained in the words "in the total"? (b) Would any difference have to be made if the application is made only against one tenant or if the application is made either at the same time or jointly against more than one of such tenants of the same landlord or landlords?
(3.) IN order to show how these questions arise, we may mention the facts in this application alone (Special Civil Application No. 1484 of 1965 ). Chunilal Wani the landlord owned survey No. 12/1 admeasuring 5 acres and 3 gunthas of village Hol in Raver Taluka of Jalgaon District and survey Nos. 16/1 and 16/2 admeasuring 5 acres and 36 gunthas of village Borkhede also of Raver Taluka in Jalgaon District. These lands are in the possession of tenants as follows:-Survey No. 12/1 is in the cultivation of two tenants jointly viz. Narayan Daji More and Bhavadu Daji More, the petitioners in the Special Civil Application. Survey Nos. 16/1 and 16/2 are in the personal cultivation of Narayan Raoji Mahajan and Sonabai wife of Jairam Mahajan the respondents 3 and 4 in this petition, also as joint tenants.;


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