On October 5, 1954 all the assets of Barsi Mills including their tenancy rights in the said lands were sold by auction and purchased by one K.N. Madhwani.
Some time in 1957 the appellants started proceedings in the Court of the Mamlatdar under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1968 hereinafter referred to as the 1948 Act for possession on the ground that they required the lands for personal cultivation.
The case made in the plaints was 1 that the leasehold rights and number capable of being transferred by a liquidator in winding up proceedings, 2 that the auction sale and the companyveyance in favour of the respondent Mills were companytrary to the provisions of Sections 27 and 28 of the 1948 Act and therefore invalid, and 3 that the auction purpose number being an agriculturist, the auction sale and the subsequent companyveyance were void under sec, 63 of the 1948 Act.
132 of 1968 has its origin in the suit instituted by appellant Vishnu Mahadeo Pendse as plaintiff, Parashram Mahadeo Pemlse appellant in Civil Appeal No.
The respondents Rajan Textile Mills P Ltd , and Shri LN Madhwani, Director of the said Company, were the defendants in both the suits.
Then in 1961 the appellants instituted Suits Nos.
At the request of the auction purchaser the liquidator executed a companyveyance of the lands in favour of the respondent Rajen Taxtile Mills P Ltd. hereinafter referred to as the respondent Mills on August 9, 1955.
The lands of Survey Nos.
The High Court was of the view that 1 there was numberterm in the lease prohibiting Barsi Mills from transferring their lease hold rights number was there any law prohibiting such transfers, and 2 the lands in dispute were held on lease for the benefit of an industrial undertaking, namely Barsi Mills, within the meaning of Section 88 1 b of the 1948 Act sec 88 specifies the lands and areas to which the 1948 Act did number apply.
On an application of a creditor of the Barsi Mills, the High Court of Bombay marie a winding up order on November 10, 1953.
133 of 1968, instituted the other suit.
15 and 16 of 1961, out of which these appeals arise in the Court of the Civil Judge, Senior Division of Sholapur, for recovery of possession of the lands and for several other incidental reliefs.
The facts giving rise to these appeals are briefly these.
176, 179A and 179B owned by Parashram Mahadeo Pendse, situate within the Municipal limits of Barsi in District Sholapur were leased out by the owners to Barsi Spinning and Weaving Mills Ltd., hereinafter referred to as Barsi Mills both leases were fur a period of 99 years with effect from January 1, 1943.
181 and 182A, owned by Vishnu Mahadeo Pendse, and the lands of Survey Nos.
The Mamlatdar dismissed the application for possession on the view that the respondents were trespassers and as such that companyrt had numberjurisdiction.
C. Gupta, J. These two appeals brought on certificate of fitness granted by the High Court of Bombay arise out of two suits for possession.
Civil Appeal No.
