MAROTI AND ORS. versus DEVRAO AND ORS.

MAROTI AND ORS. versus DEVRAO AND ORS.

Because the respondent's claim to protected tenancy was under investigation by the Deputy Collector, who constituted the Tribunal at the material time, his pursuit of proceedings amounted to an application to safeguard his rights under the proviso to Section 37A; thus, respondent's rights are not extinguished and the certificate granted stands.

Parties
Appellant: Maroti and Ors.; Respondent: Devrao and Ors.
Jurisdiction
India
Judgment Date
17 November 1998
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Bombay High Court Dated 3.4.90 in W.p. No. 1347 of 1986
Outcome
Appeal dismissed
Legal Topics
Protected Tenancy Under Hyderabad Tenancy and Agricultural Lands Act, Effect of Section 37 a and Its Proviso, Certificate of Protected Tenant
Land Law Tenancy Law Protected Tenancy Under Hyderabad Tenancy and Agricultural Lands Act Effect of Section 37 a and Its Proviso Certificate of Protected Tenant

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Parties

Maroti and Ors.

Appellant

Devrao and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Bombay High Court Dated 3.4.90 in W.p. No. 1347 of 1986

Legal Issues

  1. 1 Whether the rights of respondent as a protected tenant are extinguished by virtue of the proviso to Section 37A of Hyderabad Tenancy and Agricultural Lands Act, 1950
  2. 2 Who constitutes the Tribunal under the proviso to Section 37A during the relevant period

Ratio Decidendi

Because the respondent's claim to protected tenancy was under investigation by the Deputy Collector, who constituted the Tribunal at the material time, his pursuit of proceedings amounted to an application to safeguard his rights under the proviso to Section 37A; thus, respondent's rights are not extinguished and the certificate granted stands.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs