tenant and the landlord instituted proceedings under section 31 read with section 29 of the Tenancy Act against the tenant Rau. During the pendency ... provisions of section 23 of the Indian Contract Act, because it contravenes the provisions of section 43(1) of the Tenancy Act. It is therefore
notice by such person."
14. Sub-section (1) of section 64 of the Tenancy Act opens with the expression : "Where a landlord ... section (2) as the expression used is : "the landlord shall". Clause (a) of sub-section (2) of section 64 of the Tenancy Act
present petitioners to prove their deemed tenancy contemplated by section 4 of the Tenancy Act and hence, he remanded the proceedings to the Tahsildar ... cannot fall back upon the provision of deemed tenancy contemplated by section 4 of the Tenancy Act.
9. Point is that the Tribunal set aside
tenants, there was no question
of surrender of tenancy under section 15(1) of the Tenancy Act. He
would further point out the statements recorded ... subject
property and the surrender of tenancy by the Respondents is under
Section 15 of the Tenancy Act. In that context, what assumes
significance
heir of the tenant to claim possession under Section 84 of the Tenancy Act in which an order for eviction was passed. The facts ... order from the Mamlatdar under Section 29 (2) of the Act. The tenant made an application under Section 84 of the Act for summary eviction
application could be made under Section 29 of the Act (corresponding with Section 36 of the Vidarbha Act) that the question of the examination ... Section 84 of the Bombay Act) and not Section 36 or ( Section 29 of the Bombay Act).
30. In the view which we take
provisions of Sections 63 and 64 on the one hand, and Section 88-B of the Tenancy Act on the other is the crux ... Trust made an application to the Tenancy Authorities for exemption certificate under Section 88-B of the Tenancy Act. I have also mentioned above that
important question as to the powers of a Collector under Section 84 , Tenancy Act. It would appear that the first opponent is the tenant ... conclusion that the landlord was in unauthorised possession.
The collector acting under Section 84 has no appellate jurisdiction. He cannot sit in appeal over
order dated 30.01.2013 in terms of the
provisions of Section 63 read with Section 84 (C) declared that
the transfer / acquisition of the land ... provisions of Section 63 declared that the suit transaction
is in contravention of provisions of Section 63 of the Tenancy
Act. However, the learned Member
minors filed two separate applications under Section 39 read with Section 36 of the Vidarbha Tenancy Act for the purpose of claiming the possession ... application for restoration of possession under Sub-section (1) of Section 36 of the Vidarbha Tenancy Act is impossible. When the Legislature asks the authorities