RAMCHANDRA KESHAV ADKE & ORS versus GOVIND JOTI CHAVARE AND ORS.
The requirements under s. 5(3)(b) of the Bombay Tenancy Act and Rule 2-A are mandatory. Failure to comply with these requirements, specifically verification before the Mamlatdar and endorsement of satisfaction regarding voluntariness and understanding, renders the surrender invalid and ineffectual.
- Parties
- Appellants: Ramchandra Kesha Adke & Ors.; Respondents: Govind Chaware and Ors.
- Jurisdiction
- India
- Judgment Date
- 04 March 1975
- Procedural Posture
- Civil Appeal / Appeal by Special Leave From Judgment and Order Dated October 5, 1967 of the Bombay High Court
- Outcome
- Appeals dismissed
- Legal Topics
- Surrender of Tenancy, Mandatory Statutory Requirements, Verification Procedures
Case Brief
Summary, issues, holding and outcome
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Parties
Ramchandra Kesha Adke & Ors.
Appellants
Govind Chaware and Ors.
Respondents
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order Dated October 5, 1967 of the Bombay High Court
Legal Issues
- 1 Whether the surrender of tenancy was valid without strict compliance with s. 5(3)(b) of the Bombay Tenancy Act and Rule 2-A?
- 2 Are the requirements under s. 5(3)(b) and Rule 2-A mandatory or directory?
Ratio Decidendi
The requirements under s. 5(3)(b) of the Bombay Tenancy Act and Rule 2-A are mandatory. Failure to comply with these requirements, specifically verification before the Mamlatdar and endorsement of satisfaction regarding voluntariness and understanding, renders the surrender invalid and ineffectual.
Court Disposition
Appeals dismissed
Orders
- Judgment of the High Court affirmed
- Appeals dismissed with one set of costs
Full Case Text
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