SAKHUBAI Vs. ONKARLAL DULICHAND AGARWAL

JUDGEMENT

(1.) THE present petition has been filed by the legal representatives of Bhagwan Punaji Bari, a tenant upon survey No. 701, area 3. 31 acres of Rtamtakpura, Akot, district Akola. it is no more in dispute that said Bhagwan was the tenant and that these petitioners are his legal representatives. it is further not in dispute that the field is situated in Akot town and it is within the muncipal limits.

(2.) WITH respect to this field, the respondent-landlord Onkarlal filed an applicaiton purporitng to be under Section 58 93) (c) read with Section 36 92) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, here-in-after called the Act, after giving a notice that he wanted this land for personal agricultural cultivation. it was further stated in the body of the petition that the land in quesiton is a horticultural one and had been left out for tha tpurpsoe and the rights of hte parties are governed by Section 58 only.

(3.) IT may be mentioned that it is not disputed that the lkand in quesiton has been leased for growing betal leaves and is thus a lease within the meaning of Section 58 (1) (c) of the Act. The right the respondent claimed was because of a notificaiton No. 5159/12604/m of the State Government published in the Gazette of September 22, 1960. By that notifiaciton, the landholder was permitted if he bona fide needed land leased byhim for cultivaitng the same personally, to terminate the lease. it is further laid down that this termination shall be subject to the provisons of sub-sections (2) to (7) of Section 38 of the Act.