DAJI KRISHNAJI DESAI TAMBULKAR versus GANESH VISHNU KULKARNI AND OTHERS

DAJI KRISHNAJI DESAI TAMBULKAR versus GANESH VISHNU KULKARNI AND OTHERS

As both the 1892 and 1945 sales of the occupancy rights were without the consent of the khot, and as neither was challenged by the khot, appellant had no title whether non-consensual transfer was void or merely voidable. The dismissal of the suit is therefore correct.

Parties
Appellant: Daji Krishnaji Desai Tambulkar; Respondents: Ganesh Vishnu Kulkarni and others
Jurisdiction
India
Judgment Date
22 April 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Decree of the Bombay High Court
Outcome
Appeal dismissed
Legal Topics
Khoti Land Transfer, Occupancy Rights, Consent of Khot for Transfer, Void and Voidable Sales
Property Law Khoti Land Transfer Occupancy Rights Consent of Khot for Transfer Void and Voidable Sales

Case Brief

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Parties

Daji Krishnaji Desai Tambulkar

Appellant

Ganesh Vishnu Kulkarni and others

Respondents

Procedural Posture

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

Legal Issues

  1. 1 Whether occupancy rights in khoti land could be transferred without the consent of the khot prior to 1946
  2. 2 Whether the transfer/sale of occupancy rights without consent is void or voidable
  3. 3 Whether title passed to the appellant under the 1945 sale deed

Ratio Decidendi

As both the 1892 and 1945 sales of the occupancy rights were without the consent of the khot, and as neither was challenged by the khot, appellant had no title whether non-consensual transfer was void or merely voidable. The dismissal of the suit is therefore correct.

Court Disposition

Appeal dismissed

Orders

  • Appeal is dismissed with costs.