VALLABHAI NATHABHAI versus BAI JIVI & ORS.

VALLABHAI NATHABHAI versus BAI JIVI & ORS.

Where an invalid surrender of tenancy occurs, the tenancy continues, and the tenant's remedy for restoration of possession is under section 29(1). Section 84 is not an alternative remedy when section 29(1) applies, as s. 84 is excluded where the Act provides another remedy.

Parties
Appellant: V Nathabhai; Respondent No. 1: Bai Jivi; Respondents: Others
Jurisdiction
India
Judgment Date
10 January 1969
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From the Gujarat High Court's Judgment in Special Civil Application No. 330 of 1962
Outcome
Appeal dismissed with costs.
Legal Topics
Surrender of Tenancy, Restoration of Possession, Alternative Remedies, Jurisdiction Under Tenancy Act
Land Law Tenancy Law Surrender of Tenancy Restoration of Possession Alternative Remedies Jurisdiction Under Tenancy Act

Case Brief

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Parties

V Nathabhai

Appellant

Bai Jivi

Respondent No. 1

Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From the Gujarat High Court's Judgment in Special Civil Application No. 330 of 1962

Legal Issues

  1. 1 Whether a tenant with a remedy under section 29(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, can apply to the Collector under section 84
  2. 2 Interpretation of the scope and remedies under sections 29(1) and 84 of the Act
  3. 3 Whether an invalid surrender of tenancy entitles the tenant to claim restoration of possession

Ratio Decidendi

Where an invalid surrender of tenancy occurs, the tenancy continues, and the tenant's remedy for restoration of possession is under section 29(1). Section 84 is not an alternative remedy when section 29(1) applies, as s. 84 is excluded where the Act provides another remedy.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal is dismissed with costs.