SALUBAI RAMCHANDRA Vs. CHANDU SAJU

JUDGEMENT

(1.) THIS order will dispose of a batch of 28 Special civil Application which raise a common question of law and also interpretation of the constitution. These special civil applications are:-

(2.) THE common question of law that arises in all these case is whether a landholder who has commenced proceedings for terminating the lease of a tenant under section 38 (1) of the Bombay Tenancy and Agricultural Lands [vidarbha Region and Kutch Area] Act, 1958, and for possession of that land is not entitled to any relief in respect of the land held by this tenant if the said tenant of was a protected lessee whose rights as such protected lessee , had come into existence's of before the landholder acquired such and by the partition. , and such Acquistion of land by partition took place after the first day of the August 1953.

(3.) IT is common ground in all these cases that the landholder who claims possession of the land claims this rights on the ground that as a result of partition of in the joint family particular land had been allotted to his share and therefore he or she was entitled to terminate the lease of the tenant and get possession according to law.