GOVARDHANDAS S O PAIKAJI BRAHMANE Vs. SHRIDHARPRASAD RAUTRAI

JUDGEMENT

(1.) THIS petition is directed against the Judgment and Order dated 7. 8. 2002, passed in an appeal, confirming the order of the Trial Court, rejecting the petitioner's plaint. The petitioner sued the respondent for possession of poultry farm. The poultry farm was given on lease, for which an Agreement of Lease was entered into between the parties on 26/07/1999, at nagpur. What was leased out is described in cl. 1 of the said lease-deed, which reads as follows :

(2.) SINCE the site of the poultry farm, which was leased out, is bounded by three sides by agricultural fields, the respondent filed an application under o. VII, r. 11, claiming that the petitioner's suit for eviction is barred by the provisions of Bombay Tenancy and Agricultural Lands (Vidarbha region) Act, 1958 (for short, the Act ).

(3.) THE Trial Court upheld the contention of the respondent and held that the suit was barred by the provisions of the said Act. The Appellate court, as stated earlier, has upheld that order.