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Issues:
1. Interpretation of the Bombay Tenancy and Agricultural Lands Act, 1948. 2. Status of a deemed tenant under the Act. 3. Rights of a tenant inducted by a mortgagee in possession. 4. Jurisdiction of the High Court under Article 227 of the Constitution. Analysis: Interpretation of the Bombay Tenancy and Agricultural Lands Act, 1948: The judgment involved a dispute regarding the interpretation of the Bombay Tenancy and Agricultural Lands Act, 1948, which aimed at protecting tenants of agricultural lands in the Province of Bombay. The Act was enacted as part of agrarian reform to improve the economic condition of peasants and ensure efficient use of land for agricultural purposes. The Court emphasized that the provisions of the Act must be viewed in the light of the social reform objectives envisaged by the legislation. Status of a deemed tenant under the Act: The Court deliberated on the status of a deemed tenant under the Act, particularly focusing on Section 4 which confers the status of a tenant upon a person lawfully cultivating land belonging to another. The judgment clarified that a person claiming the status of a deemed tenant is not required to cultivate the land with the consent or authority of the owner directly. The Court held that all persons lawfully cultivating land belonging to others, irrespective of the source of authority, are deemed tenants under the Act, except for specific exceptions outlined in the legislation. Rights of a tenant inducted by a mortgagee in possession: The judgment addressed the rights of a tenant inducted by a mortgagee in possession, emphasizing that such tenants are entitled to protection under the Act. The Court rejected the argument that the right of a tenant inducted by a mortgagee ends with the mortgage's extinction, stating that the Act aims to protect individuals lawfully cultivating agricultural lands. The judgment clarified that tenants inducted by a mortgagee should be deemed tenants even after the mortgage's redemption, ensuring continuity of their rights under the legislation. Jurisdiction of the High Court under Article 227 of the Constitution: The Court examined the jurisdiction of the High Court under Article 227 of the Constitution to set aside orders of lower tribunals. It was argued that the High Court's exercise of jurisdiction in this case was appropriate, as the possession of the disputed land was obtained unlawfully, without an order from the designated authority. The judgment affirmed the High Court's competence to intervene under Article 227 to rectify instances where jurisdiction vested in lower authorities was not appropriately exercised, ensuring the protection of legal rights and due process. In conclusion, the appeal was dismissed by the Supreme Court, upholding the High Court's decision to restore possession of the land to the respondent under the Bombay Tenancy and Agricultural Lands Act, 1948. The judgment provided a comprehensive analysis of the Act's provisions, the status of deemed tenants, and the rights of tenants inducted by mortgagees, while affirming the jurisdiction of the High Court under Article 227 in matters concerning unlawful dispossession and jurisdictional issues.
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