GANPATI BAYAJI PATIL versus SBRIDHAR BABAJI VIBHUTE (D) BY LRS. AND ORS.

GANPATI BAYAJI PATIL versus SBRIDHAR BABAJI VIBHUTE (D) BY LRS. AND ORS.

A certificate under Section 88C can only be validly applied for and granted to the landlord as on 1.4.1957. If a certificate is obtained by a member of the joint family who becomes owner after partition occurring subsequent to 1.4.1957, it is void ab initio, especially if obtained without notice to the tenant; such...

Source-derived case information.

Parties
Appellant: Ganpati Bayaji Patil; Respondents: Sbridhar Babaji Vibhute (D) by LRs and Ors.
Jurisdiction
India
Judgment Date
22 August 1996
Procedural Posture
Civil Appeal / From the Judgment and Order Dated 5.3.90 of the Bombay High Court in W.p. No. 3607 of 1982
Outcome
Appeal allowed
Legal Topics
Deemed Purchaser, Exemption for Small Landlord, Partition of Joint Family Property, Validity of Certificate Under Section 88 C
Land Law Tenancy Deemed Purchaser Exemption for Small Landlord Partition of Joint Family Property Validity of Certificate Under Section 88 C

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Parties

Ganpati Bayaji Patil

Appellant

Sbridhar Babaji Vibhute (D) by LRs and Ors.

Respondents

Procedural Posture

Civil Appeal / From the Judgment and Order Dated 5.3.90 of the Bombay High Court in W.p. No. 3607 of 1982

Legal Issues

  1. 1 Whether a certificate under Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 can be validly issued to a member of a joint family who became owner after partition occurred after the tillers' day
  2. 2 Whether such certificate can defeat the tenant's rights under Section 32-G
  3. 3 Whether certificate under Section 88C obtained without notice to tenant is valid

Ratio Decidendi

A certificate under Section 88C can only be validly applied for and granted to the landlord as on 1.4.1957. If a certificate is obtained by a member of the joint family who becomes owner after partition occurring subsequent to 1.4.1957, it is void ab initio, especially if obtained without notice to the tenant; such certificate cannot defeat the deemed purchaser rights of the tenant under Section 32-G.

Court Disposition

Appeal allowed

Orders

  • Order of the Maharashtra Revenue Tribunal dated 19.8.1992 is restored
  • Order of the High Court is set aside