JIVABHAI PURSHOTTAM versus CHHAGAN KARSON AND OTHERS

JIVABHAI PURSHOTTAM versus CHHAGAN KARSON AND OTHERS

Section 34(2A) applies to all cases where tenancy had not actually terminated before the coming into force of the Amending Act, irrespective of the date of notice issued under Section 34(1); the critical date is when the tenancy terminates, not when the notice is served.

Parties
Appellant: Jivabhai Purshottam; Respondents: Chhagan Karson and Others
Jurisdiction
India
Judgment Date
27 March 1961
Procedural Posture
Civil Appeal / Civil Appeal No. 153 of 1958; Appeal by Special Leave From Judgment and Order Dated January 9, 1956, of the Bombay High Court in Special Civil Application No. 2258 of 1955
Outcome
Appeal dismissed
Legal Topics
Protected Tenant, Termination of Tenancy, Amendment of Tenancy Law, Applicability of Amended Law
Agricultural Law Property Law Protected Tenant Termination of Tenancy Amendment of Tenancy Law Applicability of Amended Law

Case Brief

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Parties

Jivabhai Purshottam

Appellant

Chhagan Karson and Others

Respondents

Procedural Posture

Civil Appeal / Civil Appeal No. 153 of 1958; Appeal by Special Leave From Judgment and Order Dated January 9, 1956, of the Bombay High Court in Special Civil Application No. 2258 of 1955

Legal Issues

  1. 1 Whether the amended Section 34(2A) of the Bombay Tenancy and Agricultural Lands Act, 1948 applies to cases where notice of termination of tenancy was served before the amendment but the tenancy terminates after the amendment enters into force
  2. 2 Whether the Amending Act divests landlords of vested rights

Ratio Decidendi

Section 34(2A) applies to all cases where tenancy had not actually terminated before the coming into force of the Amending Act, irrespective of the date of notice issued under Section 34(1); the critical date is when the tenancy terminates, not when the notice is served.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs