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Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950, (Maharashtra) Section 8

Title: Application of Bombay Tenancy and Agricultural Lands Act, 1948

State: Maharashtra

Year: 1950

.....meaning as is assigned to it in the Bombay Tenancy and Agricultural Lands Act, 1948. NOTES In the instant case in as much as the scheme under section 8 of the Abolition Act does not indicate that there will be a fresh tenancy created on re-grant of the land to the inamdar for the landholder. In the case of Smt. Khatun & Anr. v. Balkrishna Keshav Deshpande, 1992 (3) Bom. C.R. 108 : AIR 1992 SC 2197, by referring to the scheme of sec. 28 of the Bom. Merged Territories Miscellaneous Alienation Abolition Act, 1945. The Supreme Court stated that it does not confer any retrospective right on the landholder to claim any arrears of rent prior to the order of re-grant passed in favour of landholder under sec. 7 of the Abolition Act. There was an automatic resumption of the right of the landholder in watan land on 3rd June, 1955 (appointed day) and it was no longer entitled to claim any rent from the tenant of such watan land till any order of re-grant was passed in favour of such land holder. The applicability of section 32-0 of the Tenancy Act was more elaborately considered by the High Court in the case of Kallawwa Shattu Patil v. Yellappa Parsharam Patil, 1992 (2) Bom. C.R......

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