Dharmibai Dattatray Patil & Ors vs M/S.Soham Builders & Ors on 2 June, 2020
32. A useful reference can also be made to a judgment of learned
single Judge of this Court in the case of Ramrao Parshuram
3
Ghogade and Anr. Vs. Mukund Govind Kini . In the said case, an
application was filed before the Court of Small Causes for possession
of the land situated at village Eksar, Tal. Borivali under section 41
of the Presidency Small Causes Court Act on the ground that the
tenancy was terminated. The learned Judge, Court of Small Causes,
returned that application for presentation to the proper Court on the
premise that the provisions of Bombay Tenancy and Agriculture
Lands Act, 1948 governed the rights of the parties as the subject
3 1986(1) Bombay C.R. 361
Vishal Parekar 69 /100
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S-4347-1996-J.doc
matter was an agriculture land. Reversing the order of the learned
Judge, Court of Small Causes, the High Court held that in view of
the notification dated 29th March, 1957 the provisions of the
Tenancy Act, 1948 were not applicable to the subject lands and
enunciated the legal position as under: