A Division Bench of the Bombay High Court in the impugned judgments has upheld the said right of the sub lessees.
The provisions of the Act did number apply to such leases in view of Section 88 1 b as it stood at the relevant time.
As per the said section, the Act was number applicable as a whole to leases entered into for the benefit of industrial and companymercial undertakings.
A few relevant facts leading to these appeals may be numbered at the outset.
921 922, 923, 924, 925, 926, 1005, 1004, 1665, 1733 AND 1734 OF 1991.
Under the lease deeds which were renewed from time to time the sugar factory, the original lessee was permitted to sub lease the said lands and accordingly, the sub lessee came to occupy these lands at the relevant time when the leases were granted.
That is how the present appeals on special leave have been filed by the original owners of the lands.
W I T H CIVIL APPEAL NOS.
J U D G M E N T B. Majmudar.
The lands in question were originally leased out by the appellants to the aforesaid factory for the purpose of growing sugarcane.
J In this group of appeals a short question arises for companysideration which runs as under Whether the sub lessees of the lessee, Saswad Mali Sugar Factory Ltd, and which was earlier functioning as Saswad Mali Sahakari Sakhar Karkhana in Solapur District of Maharashtra State were entitled to be treated as deemed purchasers of agricultural lands cultivated by them in the light of the numberification issued on 8.2.1978 by the State of Maharashtra in exercise of its powers under Section 43A 3 of the Bombay Tenancy and Agricultural Lands Act, 1948 Act No.67 of 1948 hereinafter to be referred to as the Act .
