KESHAV BHAURAO YEOLE (D) BY LRS. versus MURALIDHAR (D) & ORS.

KESHAV BHAURAO YEOLE (D) BY LRS. versus MURALIDHAR (D) & ORS.

The landlord's own holding was found to be 13 acres of jirayat land, which does not exceed one unit of economic holding (16 acres); applying the amended notification under s.43A(3) and s.33B(5)(b) (not ss.31A/31B), the entitlement is to restore so much leased land as will result in landlord and tenants holding equal...

Source-derived case information.

Parties
Appellant: KESHAV BHAURAO YEOLE (D) BY LRS.; Respondent: MURALIDHAR (D) & ORS.
Jurisdiction
India
Judgment Date
19 October 2023
Procedural Posture
Civil Appeal / Final Judgment of the Supreme Court on Appeal From High Court Order Dated 29.07.2005
Outcome
Appeal allowed
Legal Topics
Termination of Tenancy, Personal Cultivation, Economic Holding, Application of Notifications Under S.43 a, Remand by Court
Tenancy Law Property Law Statutory Interpretation Agricultural Law Termination of Tenancy Personal Cultivation Economic Holding Application of Notifications Under S.43 a +1 more

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Parties

KESHAV BHAURAO YEOLE (D) BY LRS.

Appellant

MURALIDHAR (D) & ORS.

Respondent

Procedural Posture

Civil Appeal / Final Judgment of the Supreme Court on Appeal From High Court Order Dated 29.07.2005

Legal Issues

  1. 1 Whether the holding of the landlord exceeds one economic holding
  2. 2 Whether the landlord earns his livelihood principally by agriculture or by agricultural labour
  3. 3 Whether the High Court was justified in remanding the matter for fresh examination of bona fide requirement by heirs after the landlord's death

Ratio Decidendi

The landlord's own holding was found to be 13 acres of jirayat land, which does not exceed one unit of economic holding (16 acres); applying the amended notification under s.43A(3) and s.33B(5)(b) (not ss.31A/31B), the entitlement is to restore so much leased land as will result in landlord and tenants holding equal total areas for personal cultivation; the High Court's remand to re-examine bona fide requirement after the landlord's death was erroneous because the relevant date is the date of filing the eviction application; applying the formula in Devidas Narayan More v. Chunnilal Bhailal Wani, the appellants are entitled to 8.34 acres in Survey No.291.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order dated 29.07.2005 set aside
  • Application filed by original landlord under Section 43A of the Bombay Tenancy and Agricultural Lands Act, 1948 allowed in part