DAHYA LAL AND OTHERS versus RASUL MOHAMMED ABDUL RAHIM

A tenant inducted by a mortgagee who lawfully cultivates the land and does not fall within the excepted categories under section 4 is a deemed tenant and entitled to protection under the Bombay Tenancy and Agricultural Lands Act, 1948 upon redemption by the mortgagor.

Parties: Appellants: Dahya Lal and Others; Respondent: Rasul Mohammed Abdul Rahim; Intervener: State of Maharashtra (Intervener)
Jurisdiction: India
Judgment Date: 03 May 1962
Procedural Posture: Civil Appeal / Appeal by Special Leave From Judgment and Order Dated July 19, 1957 of the Bombay High Court
Outcome: Appeal dismissed
Legal Topics: Deemed Tenant, Tenancy Rights, Bombay Tenancy and Agricultural Lands Act, Redemption of Mortgage, Eviction, Protection of Tenants

Agricultural Tenancy Land Law Deemed Tenant Tenancy Rights Bombay Tenancy and Agricultural Lands Act Redemption of Mortgage Eviction Protection of Tenants

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Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Dahya Lal and Others

Appellants

Rasul Mohammed Abdul Rahim

Respondent

State of Maharashtra (Intervener)

Intervener

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order Dated July 19, 1957 of the Bombay High Court

Legal Issues

1 Whether a tenant inducted by a mortgagee is entitled to protection under the Bombay Tenancy and Agricultural Lands Act, 1948 as a deemed tenant upon redemption of mortgage
2 Whether such a tenant can be evicted by the mortgagor after debt adjustment and redemption

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Respondent to be restored to possession of the land and to continue as tenant on same terms as with mortgagee