JUNJARAM versus BHAURAO AND ORS.

JUNJARAM versus BHAURAO AND ORS.

If the instrument of surrender is not registered as prescribed by Section 6(1) of Berar Act, genuineness or fraud need not be considered; the surrender is illegal and not binding. Rights for restoration accrued under Berar Act are saved by Section 132 of the Bombay Act, and not abated. Protected tenancy does not cease against the widow of the original landlord if the surrender was in favour of her husband while alive.

Parties
Appellant: Junjara; Respondent: Bhaurao
Jurisdiction
India
Judgment Date
22 February 1996
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in Writ Petition
Outcome
Appeal allowed
Legal Topics
Protected Tenancy, Restoration of Possession, Surrender of Tenancy, Limitation, Effect of Widowhood on Protected Tenancy
Land Law Tenancy Law Protected Tenancy Restoration of Possession Surrender of Tenancy Limitation Effect of Widowhood on Protected Tenancy

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Parties

Junjara

Appellant

Bhaurao

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in Writ Petition

Legal Issues

  1. 1 Whether surrender of protected lease tenancy rights without a registered instrument is valid under S.6(1) of Berar Act
  2. 2 Whether appellant's claim for restoration of possession is barred by limitation
  3. 3 Whether rights pending under Berar Act are abrogated by Bombay Act

Ratio Decidendi

If the instrument of surrender is not registered as prescribed by Section 6(1) of Berar Act, genuineness or fraud need not be considered; the surrender is illegal and not binding. Rights for restoration accrued under Berar Act are saved by Section 132 of the Bombay Act, and not abated. Protected tenancy does not cease against the widow of the original landlord if the surrender was in favour of her husband while alive.

Court Disposition

Appeal allowed

Orders

  • Order of High Court and Tribunal set aside
  • Order of original authority restored