1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LPA NO.241/2011 IN WP NO.5925/2010 (D) [Jankabai @ Janabai wd/o Sitaram Debaje .vrs. Shri Balasaheb Trust, Mehkar] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JUNE 14, 2011. Heard Mrs. R.D. Raskar, learned counsel for the appellant. Contention is the petitioner had specifically alleged that after the death of Sitaram there was independent tenancy created in their favour and, therefore, proceeding under Section 120 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as “1958 Act”) were not maintainable. According to the learned counsel for the appellant, moment plea of tenancy is raised, the Sub- Divisional Officer, who has passed order of eviction ceases to have jurisdiction and the matter ought to have referred to the Tahsildar in view of Section 100 2 (2) of the 1958 Act. Other contention is in the light of the provisions of Section 6 of the 1958 Act, the petitioner become deemed tenant and hence their possession cannot be treated as unauthorized one. The record shows that original tenant Sitaram was alive till 29.5.1974. In view of this position, it is apparent that Section 6 of the 1958 Act cannot have any application. Moreover the pleadings about such independent tenancy are very vague. Details of alleged resolution creating it are not given, the copy of resolution has not been produced on record. The Trust has denied any such resolution. In view of this, we do not see any error in approach of the learned Single Judge. The Letters Patent Appeal is rejected. JUDGE JUDGE Gulande