BAI ACHHUBA AMAR SINGH versus SRI KALIDAS HARNATH OJHA AND OTHERS

BAI ACHHUBA AMAR SINGH versus SRI KALIDAS HARNATH OJHA AND OTHERS

Section 84A of the Bombay Tenancy and Agricultural Lands Act, 1948 is prospective and does not affect matters where the transfer has already been finally adjudicated as invalid. The Collector's authority under s. 84 extends to making decisions for eviction based on invalid transfer, and applications under s. 84 can be made by any person interested, not only by landlords.

Parties
Appellant: Bai Achhuba Amar Singh; Respondent No. 1: Sri Kalidas Harnath Ojha; Respondent No. 2: Respondent Bai Achhuba Amar Singh
Jurisdiction
India
Judgment Date
06 December 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated July 1, 1959 of the Bombay High Court (now Gujarat High Court) in Special Civil Application No. 302 of 1959
Outcome
Appeal allowed
Legal Topics
Retrospective Versus Prospective Operation of Statutes, Validity of Land Transfer, Eviction Under Tenancy Laws, Role and Powers of Authorities Under Tenancy Laws
Tenancy Law Property Law Retrospective Versus Prospective Operation of Statutes Validity of Land Transfer Eviction Under Tenancy Laws Role and Powers of Authorities Under Tenancy Laws

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Parties

Bai Achhuba Amar Singh

Appellant

Sri Kalidas Harnath Ojha

Respondent No. 1

Respondent Bai Achhuba Amar Singh

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated July 1, 1959 of the Bombay High Court (now Gujarat High Court) in Special Civil Application No. 302 of 1959

Legal Issues

  1. 1 Whether s. 84A of the Bombay Tenancy and Agricultural Lands Act, 1948 is prospective and whether it affects adjudication where transfer has already been declared invalid
  2. 2 Who may apply under s. 84 for eviction or declaration of invalidity under the Act
  3. 3 Whether Collector has power to formally declare sale deed invalid or only to decide for eviction

Ratio Decidendi

Section 84A of the Bombay Tenancy and Agricultural Lands Act, 1948 is prospective and does not affect matters where the transfer has already been finally adjudicated as invalid. The Collector's authority under s. 84 extends to making decisions for eviction based on invalid transfer, and applications under s. 84 can be made by any person interested, not only by landlords.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court set aside
  • Order of the Revenue Tribunal restored