NIVRUTTI GANGARAM PAWAR Vs. DINKAR MATUTI JADHAV

JUDGEMENT

(1.) HEARD Mr. R.V. Govilkar, learned Advocate for the Petitioner Mr. S.G. Karandikar i/by Dilip Bodake, learned Advocate for the Respondents.

(2.) PROCEEDINGS for eviction commenced by a certificated landlord against an excluded tenant under the BT & AL Act, 1948 have remained pending after having travelled from the Mamlatdar to the SDO, to the MRT, to the High Court and to the Supreme Court and on remand the Petition is being decided. As is usual in proceedings between landlord and tenant under the BT & AL Act, 1948, the litigants are forced to run from one forum to another forum. Like the game of foot ball, the litigants travel from one forum to another forum.

(3.) THE Bombay Tenancy and Agricultural Lands Act, 1948 is an Act to amend the law relating to the Tenancy of the Agricultural Lands. THE Act was enacted on account of the fact that due to the disputes between landlords, land holders and tenants, the cultivation of the estate had seriously suffered. THE Act was also enacted for the purpose of improving the economic and social conditions of peasants and for ensuring the full and efficient use of land for agricultural purpose and to regulate and impose restrictions on the transfer of agricultural land. Section 6 and 6A of the said Act deal with the "economic holding" and "irrigated land" and read thus: