SAKHARAM ALIAS BAPUSAHEB NARAYAN SANAS Vs. MANIKCHAND MOTICHAND SHAH
LAWS(BOM)-1954-11-9
HIGH COURT OF BOMBAY
Decided on November 22,1954

SAKHARAM ALIAS BAPUSAHEB NARAYAN SANAS Appellant
VERSUS
MANIKCHAND MOTICHAND SHAH Respondents

JUDGEMENT

SHAH J. - (1.)THE plaintiff filed suit No. 86 of 1950 in the Court of the Joint Civil Judge, Junior Division, at Poona, against four defendants for a decree for possession of certain agricultural lands and for future mesne profits and costs of the suit. The defendants by their written statement contended inter alia that the Court had no jurisdiction to try the suit in view of the provisions of the Bombay Tenancy and Agricultural Lands Act.
(2.)THE learned trial Judge held that the Court had jurisdiction to try the suit. He held that the lands which were the subject -matter of the suit being within the limits of the Municipal Corporation of Poona, the provisions of the Bombay Tenancy and Agricultural Lands Act of 1948 did not apply. The learned trial Judge considered the other contentions raised by the defendants and passed a decree in favour of the plaintiff for possession and future mesne profits and costs of the suit.
Against the decree passed by the trial Court, the defendants preferred an appeal to the District Court at Poona; and in appeal the learned District Judge confirmed the decree passed by the trial Court. Defendants Nos. 1 to 4 have come to this Court in second appeal.

(3.)MR . Kotwal, who appears on behalf of the appellants, has contended that the defendants were recognised as protected tenants under the Bombay Tenancy Act of 1939, and their right as protected tenants is expressly saved by Section 89 of the Bombay Tenancy and Agricultural Lands Act of 1948; and that even though Section 88, Sub -section (1), Clause (c), excludes the lands, which are the subject -matter of the suit and in respect of which the defendants were recognised as protected tenants, from the operation of the Act, the defendants are still entitled to set up in the suit their rights as protected tenants and to claim the benefits to which they were entitled Under the Bombay Tenancy Act of 1939.


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