Kopargaon passed an order on 3.5.1954 on the basis of a companypromise effected between the parties whereunder 3 acres of land was surrendered to the landlord and the balance land was left to be retained by the tenant.
The view of the High Court in rendering the appellant helpless in retaining his tenancy over a small piece of land admeasuring 1 acre and 38 guntas is put to challenge in this appeal.
As is obvious, the tenant was worse off by the companypromise and was left to retain less than half of the land to the extent of 1 are, 38 quntas only.
It is beyond dispute that had the application been decided on merit, the worst that companyld have happened to the tenant was that he would have been made to vacate half the tenanted land.
On an application moved by the landlord under Section 31 of the Bombay Tenancy and Agricultural Lands Act.
It transpires that the appellant was in cultivating possession of 4 acres and 38 guntas of land under the respondent landlord.
1948 the Act, the Tenancy Awal, Karkun.
