SIDRAM NARSAPPA KAMBLE versus SHOLAPUR BOROUGH MUNICIPALITY & ANR.

SIDRAM NARSAPPA KAMBLE versus SHOLAPUR BOROUGH MUNICIPALITY & ANR.

Section 88(1)(a) of the 1948 Act is an express provision excluding the application of s. 31 (protected tenancy) to lands held on lease from a local authority, thus the appellant cannot claim the status of protected tenant, even if such status was previously acquired under the 1939 Act. The Mamlatdar had no jurisdiction, and s. 88B does not apply after determination of the lease.

Parties
Appellant: Sidram Narsappa Kamble; Respondent: Sholapur Borough Municipality
Jurisdiction
India
Judgment Date
27 August 1965
Procedural Posture
Civil Appeal / Supreme Court on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Protected Tenancy, Effect of Repeal, Tenancy Rights—municipal Leases
Tenancy Law Agricultural Law Protected Tenancy Effect of Repeal Tenancy Rights—municipal Leases

Case Brief

Summary, issues, holding and outcome

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Parties

Sidram Narsappa Kamble

Appellant

Sholapur Borough Municipality

Respondent

Procedural Posture

Civil Appeal / Supreme Court on Appeal From High Court

Legal Issues

  1. 1 Whether the status of a protected tenant under the Bombay Tenancy Act, 1939, is preserved for lessees from a local authority after the coming into force of the Bombay Tenancy and Agricultural Lands Act, 1948, in view of ss. 31, 88, 89(2).
  2. 2 Whether Section 88(1)(a) of the 1948 Act expressly removes such protection, notwithstanding s. 89(2).
  3. 3 Whether the Mamlatdar had jurisdiction to decide on protection status.

Ratio Decidendi

Section 88(1)(a) of the 1948 Act is an express provision excluding the application of s. 31 (protected tenancy) to lands held on lease from a local authority, thus the appellant cannot claim the status of protected tenant, even if such status was previously acquired under the 1939 Act. The Mamlatdar had no jurisdiction, and s. 88B does not apply after determination of the lease.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. Parties to bear their own costs.