Mumbai Court December 1970 Judgments
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Yadav Yeshwant Mali Vs. Pundlik Pandurang Patil
Court: Mumbai
Decided on: Dec-04-1970
Reported in: (1971)73BOMLR549; 1971MhLJ801
Palekar, J.1. This is a petition under Article 227 of the Constitution arising out of proceedings under Section 29 read with Sections 14 and 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948. The petitioner is the landlord and respondent No. 1 is the tenant. The lands in suit are Survey No. 694 measuring 11 acres 30 gunthas assessed at Rs. 37-3-0 and Survey No. 691/2 measuring 3 acres and 5 gunthas assessed at Rs. 11-8-0, both situated at Chopda.2. The landlord filed the application for possession of these lands after terminating the tenancy by notice on the ground that the tenant had committed defaults in the payment of rent for the years 1955-56, 1956-57, 1958-59 and 1959-60. He claimed under Sub-section (2) of Section 25 that as there were defaults in the payment of rent due for three years and more, he was entitled to an order of possession against the tenant. That application was filed on September 28, 1960. It must be noted here that this application had been filed pen...
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