DAMODAR GANPAT WANI,& ANR versus RAJARAM DHONDU WAGH & ORS.

DAMODAR GANPAT WANI,& ANR versus RAJARAM DHONDU WAGH & ORS.

Where a protected tenant, by reason of Section 88(1A), loses rights and privileges under Sections 32 and 34 due to excess landholding, landlord may terminate tenancy and obtain full possession pursuant to Section 34(1), and if landlord then fails to use land for stated purpose within twelve years under Section 37(1), tenant or legal representatives are entitled to restoration of possession.

Parties
Appellant: Damodar Ganpat Wani; Respondent: Rajaram Dhondu Wagh; Appellant: Ramdas Bhika Pardeshi; Respondent: Miss Parbhat Qadari
Jurisdiction
India
Judgment Date
28 July 1978
Procedural Posture
Civil Appeal / Appeal by Special Leave From Summary Rejection of Petition Under Article 227 of the Constitution by Bombay High Court
Outcome
Appeal dismissed with costs
Legal Topics
Tenancy Termination, Protected Tenant Rights, Personal Cultivation, Restoration of Possession, Statutory Interpretation
Land Law Tenancy Agricultural Law Tenancy Termination Protected Tenant Rights Personal Cultivation Restoration of Possession Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Damodar Ganpat Wani

Appellant

Rajaram Dhondu Wagh

Respondent

Ramdas Bhika Pardeshi

Appellant

Miss Parbhat Qadari

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Summary Rejection of Petition Under Article 227 of the Constitution by Bombay High Court

Legal Issues

  1. 1 Whether the landlord is entitled to terminate the tenancy and obtain possession of the whole land under Section 34(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 when tenant falls within Section 88(1A)
  2. 2 Whether tenant or legal representatives are entitled to restoration of possession under Section 37(1) after landlord fails to use land for stated purpose within prescribed period

Ratio Decidendi

Where a protected tenant, by reason of Section 88(1A), loses rights and privileges under Sections 32 and 34 due to excess landholding, landlord may terminate tenancy and obtain full possession pursuant to Section 34(1), and if landlord then fails to use land for stated purpose within twelve years under Section 37(1), tenant or legal representatives are entitled to restoration of possession.

Court Disposition

Appeal dismissed with costs

Orders

  • Respondents are entitled to possession of the land, subject to limitations placed by law in regard to their holding