RAMCHANDRA versus TUKARAM AND ORS.

RAMCHANDRA versus TUKARAM AND ORS.

The conditions and restrictions prescribed by s. 38(3) and (4) of the Tenancy Act do not apply to proceedings seeking enforcement of rights acquired under the Berar Act when it was in operation; the Tahsildar must deal with such applications based on the rights conferred by ss. 8 and 9 of the Berar Act, not on s. 38 of the Tenancy Act.

Parties
Appellant: Ramchandra; Respondent: Tukaram; Respondents: Other respondents
Jurisdiction
India
Judgment Date
24 August 1965
Procedural Posture
Civil Appeal / Supreme Court, Post High Court Appeal
Outcome
Order of High Court modified; orders of Tahsildar and Revenue Tribunal set aside; case remanded to Tahsildar for fresh consideration.
Legal Topics
Tenancy Termination, Protected Lessee Rights, Landlord Possession, Statutory Repeal and Transition Procedures
Land Law Agricultural Tenancy Tenancy Termination Protected Lessee Rights Landlord Possession Statutory Repeal and Transition Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Ramchandra

Appellant

Tukaram

Respondent

Other respondents

Respondents

Procedural Posture

Civil Appeal / Supreme Court, Post High Court Appeal

Legal Issues

  1. 1 Applicability of s. 38 of Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 to proceedings under Berar Regulation of Agricultural Leases Act, 1951
  2. 2 Whether conditions and restrictions of s. 38(3) and (4) apply to proceedings to enforce rights acquired under the Berar Act

Ratio Decidendi

The conditions and restrictions prescribed by s. 38(3) and (4) of the Tenancy Act do not apply to proceedings seeking enforcement of rights acquired under the Berar Act when it was in operation; the Tahsildar must deal with such applications based on the rights conferred by ss. 8 and 9 of the Berar Act, not on s. 38 of the Tenancy Act.

Court Disposition

Order of High Court modified; orders of Tahsildar and Revenue Tribunal set aside; case remanded to Tahsildar for fresh consideration.

Orders

  • Orders of Tahsildar and Revenue Tribunal set aside.
  • Matter remanded to Tahsildar for dealing with application as enforcement of rights under ss. 8 & 9 of Berar Regulation of Agricultural Leases Act, 1951.