called upon to decide as to whether Section 63 of
the Bombay Tenancy and Agricultural Lands, Act, 1948
(for short ‘the Bombay Tenancy Act’) debars ... Bombay XVIII of 1925), or within the limits of municipal
districts constituted under the Bombay District Municipal
Act, 1901 (Bombay III of 1901), shall, subject
that the transfer was in breach of Section 63 of
the Bombay Tenancy and Agricultural Lands Act,
1948 (for short ... Mahadeo (supra) and on exhaustive
appreciation of Section 43 of the
Bombay Tenancy Act, has held as under:
Page 11 of 33
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said
agricultural lands have been exempted u/S.88B
of the Bombay Tenancy and Agricultural Lands
Act, 1948 and the entry to that effect ... provisions of the Bombay Land Revenue Code
shall cease to apply to tenancies to which
the provisions of the Bombay Tenancy and
Agricultural Lands
validity of the sale transaction is to be decided
under the Bombay Tenancy Act, whereas correctness
of mutation entry is to be determined under ... proceed under the Bombay Land
Revenue Rules and not under any other enactments like The
Bombay Tenancy & Agricultural Lands Act, The Bombay
Urban Land
Section 8 of the Abolition Act:
8
“ Section 8 . Application of Bombay Tenancy and
Agricultural Lands Act, 1948 .–––
If any watan land has been lawfully ... lease is subsisting on the appointed day, the provisions
of the Bombay Tenancy and Agricultural Lands Act,
1948 , shall apply to the said lease
premise that the provisions contained in section 85 of the Bombay
Tenancy and Agriculture Lands Act, 1948 expressly oust the jurisdiction of
the Civil Court ... suit is barred by Section In the negative
85 of Bombay Tenancy and Agricultural
Lands Act, 1948 ?
2. Whether the suit is barred
power of the Tribunal under Section 76 of the
Bombay Tenancy and Agricultural Lands Act, 1948, are
circumscribed. Section 76 of the Act reads thus ... entrusted to the Maharashtra Revenue Tribunal under
section 76 of the Bombay Tenancy and Agricultural Lands
Act, 1948, are practically identical with the second appellate
Court took the view that the provisions of
section 57 of Bombay Tenancy and Agricultural Lands Act,
1948 pertaining to Vidarbha Region do not permit ... Bombay Tenancy & Agricultural Lands Act, 1948 and
section 54 of the Saurashtra Tenancy and Garkhed Settlement Ordinance
and section 89 of the Bombay Tenancy
Application.
16. Since the State of Maharashtra is governed by the Mumbai Tenancy
and Agriculture Land Act (Vidharbha) 1958, the petitioner submitted an
application dated ... Government of Maharashtra, Mumbai regarding purchase of Land i.e.
W.P.(C) 2957/2020 Page 12 of 45
Bombay Tenancy and Agriculture Land
Court was whether in view of Section 100(2) of
the Bombay Tenancy and Agricultural Lands (Vidharbha Region) Act,
28
1958 (hereinafter referred ... Bombay Tenancy Act”), the
Tenancy Tehsildar had exclusive jurisdiction to decide the issue of
tenancy. In holding that the authorities under the 1961 Act would
