DINKAR MARUTI JADHAV versus NIVRUTII GANGARAM PAWAR (D) BY LRS. & ORS.

DINKAR MARUTI JADHAV versus NIVRUTII GANGARAM PAWAR (D) BY LRS. & ORS.

Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, operate in distinct fields, and bona fide requirement and personal cultivation are relevant only under Section 88-C. Mere application under Section 33-B does not sever landlord-tenant relationship until the Mamlatdar passes an order. Matter requires further clarification and is referred to a larger Bench.

Parties
Appellant: Dinkar Maruti Jadhav; Respondents: Nivrutti Gangaram Pawar (D) by LRs & Ors.
Jurisdiction
India
Judgment Date
09 May 2007
Procedural Posture
Civil Appeal / Reference to Larger Bench
Outcome
referred to larger bench
Legal Topics
Scope of Sections 33 B and 88 C, Rights of Landlord and Tenant, Termination of Tenancy Under Bombay Tenancy and Agricultural Lands Act
Tenancy Law Agricultural Land Law Scope of Sections 33 B and 88 C Rights of Landlord and Tenant Termination of Tenancy Under Bombay Tenancy and Agricultural Lands Act

Case Brief

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Parties

Dinkar Maruti Jadhav

Appellant

Nivrutti Gangaram Pawar (D) by LRs & Ors.

Respondents

Procedural Posture

Civil Appeal / Reference to Larger Bench

Legal Issues

  1. 1 Scope and interplay between Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948
  2. 2 Whether making an application under Section 33-B terminates the landlord-tenant relationship
  3. 3 Effect of death of landlord on certificate issued under Section 88-C

Ratio Decidendi

Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, operate in distinct fields, and bona fide requirement and personal cultivation are relevant only under Section 88-C. Mere application under Section 33-B does not sever landlord-tenant relationship until the Mamlatdar passes an order. Matter requires further clarification and is referred to a larger Bench.

Court Disposition

referred to larger bench

Orders

  • Matter be placed before Hon'ble the Chief Justice of India for appropriate orders and placement before an appropriate bench