Nagjibhai father of the respondent and after his death the respondent were tenants of the land since June 1939.,
The land in dispute is situate within the limits of the Broach Borough Municipality.
By the Bombay Tenancy and Agricultural Lands Act 67 of 1948, which was brought into force on December 28, 1948, the Bombay Tenancy Act 29 of 1939 stood repealed, subject to the reservation that ss.
the tenancy being companytinued year after year under fresh agreements.
3, 3A and 4 of the 1 1958 60 Bom.
Appeal by special leave from the judgment and order dated April 30, 1959 of the Bombay High Court in second appeal No.
T. Desai, S. N. Andley, Mohinder Narain, Rameshwar Nath and P. L. Vohra, for the appellants.
S. Shukla, for the respondent.
210 of 1963.
Notice calling upon the respondent to vacate and deliver possession of the land on March 31, 1956 was given in terms of s. 84 of the Bombay Land Revenue Code, 1879.
In reaching that companyclusion the learned Judge followed the decision of the Bombay High Court in Patel Maganbhai Jethrbhai v. Sonzabhai Sursang.
was delivered by Shah, Mudholkar, J. delivered a dissenting Opinion.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He held that in view of the proviso to s. 43C incorporated in the Bombay Tenancy and Agricultural Lands Act 67 of 1948 by Bombay Act 13 on 1956, the respondent companytinued by virtue of the amendment by Act 13 of 1956 to remain a tenant, and the Civil Court had numberjurisdiction to grant a decree for possession of the land in dispute.
439 of 1959.
The Judgment of Wanchoo and Shah, JJ.
The Civil Judge decreed the appellants claim.
52 158 at Kanbivaga in the town of Broach to Nagjibhai, father of the respondent, and since that date the land companytinued to remain in the possession of Nagjibhai and after his death of his son Motibhai By letter dated November 2, 1955 the appellant terminated the tenancy and called upon the respondent to deliver vacant possession of the land on March 31, 1956, and filed on April 4, 1956 Suit No.
Shah, J. On June 18, 1939, Ishverlal Almaula hereinafter called the appellant granted for agricultural purposes tenancy rights in land bearing Survey Nos.
180 of 1956 in the Court of the Civil Judge, Senior Division, at Broach for a decree in ejectment against the respondent and for mesne profits.
1 A second appeal to the High Court of Bombay was dismissed summarily.
The Bombay Tenancy Act 29 of 1939 was applied on April 11, 1946 to the area in which the land is situate, and the name of Nagjibhai was entered in the Record of Rights as a protected tenant under the Bombay Tenancy Act 29 of 1939 as amended by Bombay Act 26 of 1946.
With special leave, the appellant has appealed to this Court.
