He filed a Civil Suit against the respondent in the Court of Civil Judge, Raver, who made a reference to the Mamlatdar, Raver who held that the appellant companytinued to be tenant.
The appellant claimed that he was paying rent to the Mamlatdar during the period of 7.12.1961 to 27.7.1963 and thus companytinued to a be tenant in respect of the land.
Relying on a bench decision of the Bombay High Court in Special Civil Application No.
The High Court in the Special Application under Article 227 of the Constitution of India having upheld the above finding of the Tribunal, the appellant obtained Special Leave.
The respondents appeal to the Assistant Collector having failed, he moved a revision application before the Maharashtra Revenue Tribunal, hereinafter referred to as the Tribunal wherein the question arose whether the appellants tenancy was subsisting on 27.7.1963, and whether he had become the tenant in respect of the land since that date under the Act.
The Tribunal further held that since the land was taken under the Government management by the order of the Assistant Collector under Section 88 1 of the Act the provision s of Sections 1 to 87 were number applicable and the appellant, therefore, companyld number companytinue to be tenant after expiration of the period of lease on 6.12.1961.
All acts done or purporting to be done by the Manager during the companytinuance of the management of the estate shall be binding on the holder or to any person to whom the possession of the estate has been delivered.
From the Judgement and Order dated 16.9.1976 of the Bombay High Court in S.C.A. No.
After assuming the management the land was leased out to the appellant Dhondu Choudhary by the Mamlatdar for a period of 10 years by an agreement of lease dated 7.12.1951.
Thus on termination of the management the suit land in the instant case was to be delivered into the possession of the respondent holder and all acts done or purporting to be done by the Manager during the companytinuance of the management of the estate should be binding on the holder or on any person to whom the possession of the estate had been delivered.
The period of lease accordingly expired on 6.12.1961.
There was numberhing on the record to show that the lease which expired on 6.12.1961 was extended by the Manager thereafter till the termination of management by order dated 27.7.1963.
1077 of 1961 Ghambhir Lal Laxman Das v. Collector of Jalgaon, decided on 20.12.1962 wherein it was held that the person to whom lease was granted by the Manager of the land which was taken under Government management, companyld number companytinue to be the tenant after the expiry of the period of 10 years without a fresh lease, and that after the management was terminated by the Government on expiration of the lease, the tenancy under the lease companyld number be said to be subsisting on the date on which the management was terminated.
The Tribunal held that the appellant companyld number companytinue as tenant since termination of the lease on 27.7.1963.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Dr. N.M. Ghatate, the learned companynsel for the respondent, submits that the appellant companyld by numbermeans companytinue to be a tenant after his lease expired and numberfresh lease was granted to him and more so after the management was terminated on 27.7.1963.
The suit land bearing Survey No.
Dr. N.M. Ghatate, S.V. Deshpande for the Respondent.
However, the management of the land was terminated by the Government by the Assistant Collectors order dated 27.7.1963, and the possession thereof was ordered to be restored to the respondent landlord.
Shishir Sharma and P.H. Parekh for the Appellant.
936 of 1977.
The Judgement of the Court was delivered by N. SAIKIA, J. This appeal by Special Leave is from the Judgement of the High Court of Bombay, dated 16th September, 1976, in Special Civil Application N. 2741 of 1971 upholding the Judgement of the Maharashtra Revenue Tribunal.
182, owned by Shankarlal Kunjilal, was taken under Government management as per order of the Assistant Collector, Jalgaon bearing No.
2741 of 1971.
WS 946 dated 14.12.1950 as the land was lying fallow for two companysecutive years.
The Mallatdar, Raver was appointed as a Manager thereof under Section 45 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Act.
The period of lease accordingly expired on 6.12.1951.
