BABU PARASU KAIKADI (DEAD) BY LRS. versus BABU (DEAD) THROUGH LRS.

BABU PARASU KAIKADI (DEAD) BY LRS. versus BABU (DEAD) THROUGH LRS.

Surrender of tenancy, to be valid, must comply with mandatory provisions of Sections 15 and 29 (writing, verification before Mamlatdar). Possession obtained by the landlord in violation is invalid. Dhondiram Totoba Kadam v. Ramchandra Balwantrao Quabal wrongly failed to consider this, so it is per incuriam; tenant entitled to restoration under Section 32(IB) if conditions satisfied.

Parties
Appellant: Babu Parasu Kaikadi (Dead) by LRS.; Respondent: Babu (Dead) through LRS.
Jurisdiction
India
Judgment Date
29 October 2003
Procedural Posture
Civil Appeal / Appeal to Supreme Court After Bombay High Court Certificate and Dismissal of Writ Petition Under Article 227
Outcome
Appeal allowed; Judgment of High Court set aside
Legal Topics
Surrender of Tenancy, Restoration of Possession to Tenant, Interpretation of Mandatory Statutory Provisions, Precedent Per Incuriam
Tenancy Law Property Law Surrender of Tenancy Restoration of Possession to Tenant Interpretation of Mandatory Statutory Provisions Precedent Per Incuriam

Case Brief

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Parties

Babu Parasu Kaikadi (Dead) by LRS.

Appellant

Babu (Dead) through LRS.

Respondent

Procedural Posture

Civil Appeal / Appeal to Supreme Court After Bombay High Court Certificate and Dismissal of Writ Petition Under Article 227

Legal Issues

  1. 1 Whether surrender of tenancy not in terms of Sections 15 and 29 of the Bombay Tenancy and Agricultural Lands Act, 1948 is valid
  2. 2 Whether landlord obtained valid possession of the land
  3. 3 Interpretation of Section 32(IB) and its applicability to restoration of possession

Ratio Decidendi

Surrender of tenancy, to be valid, must comply with mandatory provisions of Sections 15 and 29 (writing, verification before Mamlatdar). Possession obtained by the landlord in violation is invalid. Dhondiram Totoba Kadam v. Ramchandra Balwantrao Quabal wrongly failed to consider this, so it is per incuriam; tenant entitled to restoration under Section 32(IB) if conditions satisfied.

Court Disposition

Appeal allowed; Judgment of High Court set aside

Orders

  • Restoration of possession of land to tenant (appellant)
  • No order as to costs