PUNDLIK KRISHNA JI AND ORS. versus TRIMBAK BHIKAJI PATIL AND ORS.

PUNDLIK KRISHNA JI AND ORS. versus TRIMBAK BHIKAJI PATIL AND ORS.

High Court erred in holding the lease deed dated April 30, 1951 as genuine without any inquiry into its genuineness; matter should be remanded to trial court to decide afresh after giving full opportunity to both parties to present evidence on the genuineness or otherwise of the said lease deed.

Parties
Appellants (tenants): Pundlik Krishnaji and Others; Respondents (landowners): Trimbak Bhikaji Patil and Others
Jurisdiction
India
Judgment Date
23 April 1992
Procedural Posture
Civil Appeal / Decision on Appeals by Special Leave Against High Court Judgment
Outcome
Appeals allowed; High Court and lower courts' judgments set aside; case remanded to trial court.
Legal Topics
Termination of Tenancy, Protected Lessees, Lease Deed Forgery, Procedural Remand, Karta's Authority, Requirement of Prior Notice
Tenancy Law Agricultural Land Law Civil Procedure Termination of Tenancy Protected Lessees Lease Deed Forgery Procedural Remand Karta's Authority +1 more

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Parties

Pundlik Krishnaji and Others

Appellants (tenants)

Trimbak Bhikaji Patil and Others

Respondents (landowners)

Procedural Posture

Civil Appeal / Decision on Appeals by Special Leave Against High Court Judgment

Legal Issues

  1. 1 Whether the Karta could file applications for termination of tenancy without associating his brother
  2. 2 Legal effect of non-compliance with requirement of prior notice under the Bombay Act
  3. 3 Whether the lease deed dated April 30, 1951, was genuine

Ratio Decidendi

High Court erred in holding the lease deed dated April 30, 1951 as genuine without any inquiry into its genuineness; matter should be remanded to trial court to decide afresh after giving full opportunity to both parties to present evidence on the genuineness or otherwise of the said lease deed.

Court Disposition

Appeals allowed; High Court and lower courts' judgments set aside; case remanded to trial court.

Orders

  • Set aside the High Court judgment and those of the courts below.
  • Remand the case to the concerned trial court for fresh adjudication on the ejectment application after full inquiry into the genuineness of the lease deed dated April 30, 1951.