G.B. KASHIRASAGAR versus L.A. NARODE

G.B. KASHIRASAGAR versus L.A. NARODE

Proceedings under Section 31 were once resorted to by the landlord and an order was passed with consent of the parties and approval by the authority. Section 31C bars a second attempt to terminate the tenancy for personal cultivation. The High Court was in error in denying the appellant the benefit of Section 31C.

Parties
Appellant: G.B. Kashirasagar; Respondent: L.A. Narode
Jurisdiction
India
Judgment Date
25 September 1996
Procedural Posture
Civil Appeal / Appeal From Bombay High Court Judgment Dated 15.7.1980
Outcome
Appeal allowed
Legal Topics
Eviction of Tenant, Termination of Tenancy, Sugarcane Land, Personal Cultivation
Land Law Agricultural Tenancy Eviction of Tenant Termination of Tenancy Sugarcane Land Personal Cultivation

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Parties

G.B. Kashirasagar

Appellant

L.A. Narode

Respondent

Procedural Posture

Civil Appeal / Appeal From Bombay High Court Judgment Dated 15.7.1980

Legal Issues

  1. 1 Whether Section 31C of the Bombay Tenancy and Agricultural Lands Act, 1948 bars a second attempt to terminate the tenancy after an earlier compromise order under Section 31.
  2. 2 Whether previous compromise order constitutes an order under Section 31 for the purposes of Section 31C.

Ratio Decidendi

Proceedings under Section 31 were once resorted to by the landlord and an order was passed with consent of the parties and approval by the authority. Section 31C bars a second attempt to terminate the tenancy for personal cultivation. The High Court was in error in denying the appellant the benefit of Section 31C.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside
  • Order of the Land Tribunal set aside