that act was repealed by s. 89 of the bombay tenancy and agricultural lands act 1948 which came into operation on december 28 1948.
the mortgagors have appealed to this companyrt against that order of the high companyrt with special leave.
by the act of 1948 under s. 2 18 as it stood at the material times a tenant was defined as an agriculturist who holds land on lease and.
appeal by special leave from the judgment and order dated july 19 1957 of the bombay high companyrt in special civil application number 809 of 1957.
the bombay tenancy act of 1939 was enacted to protect tenants of agricultural lands in the province of bombay and for certain other purposes.
on february 19 1954 an award was made in this application by companypromise between the parties declaring that rs.
in execution of the award mohammed abdul rahim who will hereinafter be referred to as the respondent was evicted.
may 3.
by the repealing clause certain provisions of the act of 1939 with modifications were companytinued.
the high companyrt of judicature at bombay was then moved by the respondent under art.
civil appellate jurisdiction civil appeal number 516 of 1960.
ganapathy iyer and r. h. dhebar for the respondent number 6 and for the state of maharashtra intervener .
b. pai j. b. dadachanji s. n. andley rameshwar nath and p. l. vohra for the respondents 1 5.
227 of the companystitution.
the high court following its earlier judgment in jaswantrai tricumlal vyas v. bai jiwi set aside the order passed by the tribunal and ordered that possession of the land be restored to the respondent and declared that the respondent was entitled to continue in occupation as tenant on the same terms on which he was a tenant of the mortgagee.
on june 7 1954 the respondent applied to the mahalkari of hansot for an order under s. 29 of the bombay tenancy agricultural land act 1948 restoring possession of the land.
the judgment of the companyrt was delivered by shah j. survey number 126 admeasuring 11 acres and 20 gunthas of mouje telod district broach belonged to the ancestors of the appellants.
by deed dated july 24 1891 the owners mortgaged the land to one umiyashanker with possession shortly after the mortgage the mortagee inducted one mohammed abdul rahim as a tenant on the land.
the mahalkari rejected the application and that order was companyfirmed in appeal by the district deputy companylector and by the bombay revenue tribunal in revision from the order of the deputy companylector.
the appellants as owners of the equity of redemption applied to the companyrt companystituted under the bombay agricultural debtors relief act 28 of 1947 for adjustment of the debt due under the deed dated july 24 1891 and for redemption of the land mortgaged.
3000/ were due to mortgagee under the deed dated july 24 1891 that the land in dispute was in the possession of mohammed abdul rahim as tenant of the mortgagee and that the mortgagor had the right to take possession of the land from the said tenant.
s. barlingay and ganpat rai for the appellants.
