SHANKAR MADHOJI NEMADE versus CHISUJI JANAJI BHADKE & ORS.

SHANKAR MADHOJI NEMADE versus CHISUJI JANAJI BHADKE & ORS.

Section 52 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 applies to cases where the landlord took possession under section 9 of the Berar Act but had not completed the statutory two-year period of personal cultivation by the time the Bombay Act came into force; the obligation is enlarged to twelve years and the tenant retains the right to restoration if the landlord ceases to cultivate or transfers the land within twelve years. The earlier contrary Full Bench decision is not correct in its reasoning.

Parties
Appellant: Shankar Madhoji Nemade; Respondent: Chisuji Janaji Bhadke; Respondent: Other respondents (not named)
Jurisdiction
India
Judgment Date
08 September 1970
Procedural Posture
Civil Appeal / Supreme Court on Appeal by Special Leave From Bombay High Court (nagpur Bench) Judgment Dated August 19, 1966, in Special Civil Application No. 831 of 1965
Outcome
Appeal allowed
Legal Topics
Tenancy Termination, Protected Lessee Rights, Restoration of Possession, Statutory Interpretation, Savings and Repeal Provisions
Tenancy Law Agricultural Land Law Tenancy Termination Protected Lessee Rights Restoration of Possession Statutory Interpretation Savings and Repeal Provisions

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Parties

Shankar Madhoji Nemade

Appellant

Chisuji Janaji Bhadke

Respondent

Other respondents (not named)

Respondent

Procedural Posture

Civil Appeal / Supreme Court on Appeal by Special Leave From Bombay High Court (nagpur Bench) Judgment Dated August 19, 1966, in Special Civil Application No. 831 of 1965

Legal Issues

  1. 1 Whether section 52 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 applies to the present facts
  2. 2 Whether the special leave granted should be cancelled on the ground of an allegedly false statement regarding valuation

Ratio Decidendi

Section 52 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 applies to cases where the landlord took possession under section 9 of the Berar Act but had not completed the statutory two-year period of personal cultivation by the time the Bombay Act came into force; the obligation is enlarged to twelve years and the tenant retains the right to restoration if the landlord ceases to cultivate or transfers the land within twelve years. The earlier contrary Full Bench decision is not correct in its reasoning.

Court Disposition

Appeal allowed

Orders

  • Judgment and order of the High Court set aside.
  • Orders of the Special Deputy Collector and the Maharashtra Revenue Tribunal restored.