When Basawa was alive, Parappa, the adopted son, had executed a deed of maintenance dated July 30, 1927 in her favour giving her certain land to be enjoyed by her during her life time.
She inducted the defendant as her tenant.
Basavannewa died in the year 1933 34 while Basawa died on May 22, 1959.
The plea of the defendant was accepted by all the three companyrts below and the plaintiff has companye up in appeal to this companyrt under Article 136 of the Constitution.
After the death of Basawa, the plaintiff, Parappa called upon the defendant to deliver possession of the land and on his refusal to do so instituted the suit out of which the present appeal arises.
The suit was resisted by the defendant on the ground that he was a tenant and that he was number liable to be evicted under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948.
The submission of Shri R.B. Datar, learned companynsel for the appellant was that under the provisions of Bombay Tenancy and Agricultural Lands Act, 1948, a widow was deemed to cultivate the land personally, even if such land was cultivated through tenants and therefore, a person who was inducted as a tenant by a widow companyld acquire numberrights under the Act so as to defeat the claims of the person succeeding the widow to the land.
Chinnappa Reddy, J. One Parappa died leaving behind him two wives Basawa and Basavannewa and an adopted son also named Parappa.
