TRIMBAK DAMODHAR RAIPURKAR versus ASSARAM HIRAMAN PATIL AND ORS.

TRIMBAK DAMODHAR RAIPURKAR versus ASSARAM HIRAMAN PATIL AND ORS.

By virtue of the Amending Act 33 of 1952, the period of lease was automatically extended for a period of ten years from time to time unless terminated by a valid statutory notice or surrender as specified, and the right of the landlord to seek possession only accrues after proper termination in accordance with statute; notice requirements of the amendment apply to tenancies existing at commencement, and the Act is not retrospective but regulates future events of termination.

Parties
Appellant: Trimbak Damodhar Raipurkar; Respondents: Assaram Hiraman Patil and Ors.
Jurisdiction
India
Judgment Date
29 November 1961
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 11, 1957, of Bombay High Court in Special Civil Application No. 3170 of 1956
Outcome
Appeal dismissed.
Legal Topics
Termination of Tenancy, Retrospective Operation of Statute, Statutory Extension of Lease, Notice Requirements for Eviction
Tenancy Law Land Law Termination of Tenancy Retrospective Operation of Statute Statutory Extension of Lease Notice Requirements for Eviction

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Parties

Trimbak Damodhar Raipurkar

Appellant

Assaram Hiraman Patil and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order Dated April 11, 1957, of Bombay High Court in Special Civil Application No. 3170 of 1956

Legal Issues

  1. 1 Whether the appellant landlord could eject the respondents without giving the statutory notice required by Bombay Tenancy and Agricultural Lands (Amendment) Act, 1952
  2. 2 Whether the amendments are retrospective or prospective in operation

Ratio Decidendi

By virtue of the Amending Act 33 of 1952, the period of lease was automatically extended for a period of ten years from time to time unless terminated by a valid statutory notice or surrender as specified, and the right of the landlord to seek possession only accrues after proper termination in accordance with statute; notice requirements of the amendment apply to tenancies existing at commencement, and the Act is not retrospective but regulates future events of termination.

Court Disposition

Appeal dismissed.

Orders

  • Appellant's claim for ejectment dismissed for want of valid statutory notice under the Amending Act.
  • Order of the High Court restored, with costs.