Appeals by special leave from the judgment and order dated November 15, 1965 of the Bombay High Court, Nagpur Bench in Special Civil Application Nos.
With special leave, these appeals have been preferred by Bhagwant.
In a petition by Bhagwant the Revenue Tribunal reversed the order of the appellate authority.
The Judgment of the Court was delivered by Shah, J. Badridas son of Ramgopal was the owner of fields Survey Nos.
The Bombay Tenancy and Agricultural Lands Vidarbha Region Act, 1958, was brought into force on December 30, 1958.
The High Court set aside the order of the Revenue Tribunal and directed that an order for pos session be made in favour of Kishan and Manik in respect of the two lands.
In the view of the appellate authority Kishan and Manik were in 1958 59 tenants of the lands and they were evicted otherwise than in accordance with the law, and that they were entitled to be restored to possession under S. 36 1 of the Bombay Tenancy and Agricultural Lands Vidarbha Region Act, 1958.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
K. Mehta and K. L. Mehta.
746 and 747 of.
for the appellants in both the appeals .
3 in both the appeals .
On February 26, 1958, Badridas granted a lease for cultivation of the lands to two brothers Kishan and Manik.
1409 and 1721 of 1966.
The Additional Tahsildar dismissed the application, but in appeal the order was reversed.
Badridas cultivated the lands during the agricultural years 1959 60 and 1960 61, and thereafter on January 18, 1961 he granted a lease of the lands for four years to Bhagwant son of Pundalik Kishan and Manik then applied on June 30, 1961 under S. 36 1 of the Bombay Tenancy and Agricultural Lands Vidarbha Region Act, 1958, for an order restored them to possession alleging that their eviction from the lands was illegal.
At the end of the agricultural year 1958 59 Badridas took possession of the lands from Kishan and Manik representating that he desired to cultivate the lands personally.
S. KhanduJa, for respondent No.
S. Gupta, for respondents Nos.
1 and 2 in C.A. No.
2 and 9/2 of village Bhamberi, taluq Akot, District Akola.
1409 of 1966.
