HARESHKUMAR KANHAYALAL GUJARATHI Vs. EKNATH CHENDU MAHAJAN

JUDGEMENT

(1.) The present petition raises an issue regarding applicability of the concept of 'child in the womb' vis-a-vis the provisions of Bombay Tenancy and Agricultural Lands Act, 1948(here-inafter referred as 'Act, 1948').

(2.) The Petitioner has initiated proceedings invoking section 25 of the Act, 1948, demanding the possession of the agricultural lands by filing an application bearing tenancy case No. 10 of 1981. The Tahasildar, Raver, dismissed the said application of the petitioner vide its judgment and order dated 23/06/1983, the petitioner aggrieved by the said order, preferred tenancy appeal bearing No. 52 of 1983, before Sub Divisional Officer, Jalgaon Division, Jalgaon. The said appeal was allowed by the sub Divisional Officer, Jalgaon Division, Jalgaon, vide judgment and order dated 06/09/1986. The respondents aggrieved by the same preferred revision application No.186 of 1986 before the Maharashtra Revenue Tribunal, Bombay. The Maharashtra Revenue Tribunal vide its judgment and order dated 27/07/1990 allowed the said revision. The petitioner being aggrieved by the same has approached this Court.

(3.) The petitioner in the tenancy application contended that he is the land lord of survey No. 8/4 admeasuring 4 Acres 20 Gunathas, situated at Borakheda (Sim), Tq. Raver and the respondents are the tenants. According to the petitioner, vide notice dated 30/01/1979, the applicant demanded the arrears of rent and determined the tenancy rights of the respondents. Yet, the respondents failed to pay the rent, therefore, applicant is entitled for possession.