DAMODAR GANPAT WANI & ANR. vs RAJARAM DHONDU WAGH & ORS.

The Supreme Court held that under Section 34 of the Bombay Tenancy Act, a landlord can terminate the tenancy of a protected tenant if the tenant falls under Section 88(1A), which deprives the tenant of certain rights. The Court clarified that once the landlord establishes a case under Section 34(1), they are entitled to possession of the entire leased land, as the tenant loses the privilege of retaining half the area under Section 34(2-A). Furthermore, Section 37(1) mandates that if the landlord fails to use the land for the specified purposes within a year of taking possession, the tenant must be restored possession, which was not adhered to in this case, leading to the dismissal of the appeal.