BALKRISHNA SOMNATH versus SADA DEVRAM KOLI & ANOTHER

BALKRISHNA SOMNATH versus SADA DEVRAM KOLI & ANOTHER

To qualify for the exception under the proviso to section 32F(1)(a), the partition must cover all joint family property by metes and bounds, not just agricultural land, and the share allotted to the disabled person in the land must not exceed their share in the entire property. In the absence of a total partition, the protection does not apply and tenants acquire the right of purchase.

Parties
Appellant: Balkrishna Somnath; Respondent: Sada Devram Koli; Appellants: Widow of Dattatraya (second appellant) and her son (first appellant); Respondent: Respondent No. 1 in CA 2007/1969
Jurisdiction
India
Judgment Date
20 January 1977
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Orders of the Bombay High Court
Outcome
Appeals dismissed
Legal Topics
Interpretation of Section 32 F(1)(a) Proviso, Partition of Joint Family Property, Rights of Tenants and Disabled Landlords
Tenancy Law Agrarian Reform Law Interpretation of Section 32 F(1)(a) Proviso Partition of Joint Family Property Rights of Tenants and Disabled Landlords

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Parties

Balkrishna Somnath

Appellant

Sada Devram Koli

Respondent

Widow of Dattatraya (second appellant) and her son (first appellant)

Appellants

Respondent No. 1 in CA 2007/1969

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Orders of the Bombay High Court

Legal Issues

  1. 1 Whether the proviso to section 32F(1)(a) of the Bombay Tenancy and Agricultural Lands Act, 1948 is satisfied by partition of agricultural land alone or requires separation of all joint family property
  2. 2 Whether a disabled landlord whose share in agricultural land alone has been separated is entitled to protection under the proviso

Ratio Decidendi

To qualify for the exception under the proviso to section 32F(1)(a), the partition must cover all joint family property by metes and bounds, not just agricultural land, and the share allotted to the disabled person in the land must not exceed their share in the entire property. In the absence of a total partition, the protection does not apply and tenants acquire the right of purchase.

Court Disposition

Appeals dismissed

Orders

  • Parties shall bear their own costs