A.A. SHIRDONE ETC. versus SAHEB H. TAJBHOKHARI
The mortgagees in possession under the Bombay Tenancy Act, 1939 as amended in 1946 do not become 'deemed tenants'; in the absence of timely declaration by the mortgagor, civil courts can grant symbolic but not actual possession, and only revenue courts may adjudicate protected tenancy claims.
- Parties
- Appellant: A. A. Shirdone; Respondent: S. H. Tajbhokhari
- Jurisdiction
- India
- Judgment Date
- 20 March 1985
- Procedural Posture
- Civil Appeal / Supreme Court Decision on Appeal From High Court
- Outcome
- Appeals allowed
- Legal Topics
- Deemed Tenancy, Redemption of Mortgage, Jurisdiction of Civil Courts, Protected Tenants, Bombay Tenancy Acts
Case Brief
Summary, issues, holding and outcome
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Parties
A. A. Shirdone
Appellant
S. H. Tajbhokhari
Respondent
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court
Legal Issues
- 1 Whether a mortgagee in possession becomes a 'deemed tenant' under the Bombay Tenancy Act, 1939 as amended in 1946
- 2 Whether mortgagor loses ownership right for failure to file declaration before Mamlatdar
- 3 Whether civil courts possess jurisdiction to grant actual possession in suits governed by tenancy laws
Ratio Decidendi
The mortgagees in possession under the Bombay Tenancy Act, 1939 as amended in 1946 do not become 'deemed tenants'; in the absence of timely declaration by the mortgagor, civil courts can grant symbolic but not actual possession, and only revenue courts may adjudicate protected tenancy claims.
Court Disposition
Appeals allowed
Orders
- Judgment and decrees of the High Court set aside
- Judgment of the first appellate court restored
Full Case Text
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