VENKATESH NARAHAR KATTI versus HAJI SAHEB KHADIR SAHEB MULLA AND ANOTHER

VENKATESH NARAHAR KATTI versus HAJI SAHEB KHADIR SAHEB MULLA AND ANOTHER

Limitation for the landlord's application for possession under s. 29(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, begins to run from the date when the tenancy is terminated by the requisite notice under s. 14(1)(b), not from the antecedent date of breach or default.

Source-derived case information.

Parties
Appellant: VENKATESH NARAHAR KATTI; Respondent No. 1: HAJJ SAHEB KHADIR SAHEB MULLA; Respondent No. 2: Another (unspecified)
Jurisdiction
India
Judgment Date
13 October 1965
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Mysore High Court
Outcome
Appeal allowed.
Legal Topics
Limitation Period for Application for Possession, Termination of Tenancy for Default in Payment of Rent
Tenancy Law Land Law Limitation Period for Application for Possession Termination of Tenancy for Default in Payment of Rent

Source-derived case record

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Parties

VENKATESH NARAHAR KATTI

Appellant

HAJJ SAHEB KHADIR SAHEB MULLA

Respondent No. 1

Another (unspecified)

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment and Order of the Mysore High Court

Legal Issues

  1. 1 Whether the application under s. 29(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, for possession filed by the landlord was within the two years' period of limitation prescribed by the Act.

Ratio Decidendi

Limitation for the landlord's application for possession under s. 29(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, begins to run from the date when the tenancy is terminated by the requisite notice under s. 14(1)(b), not from the antecedent date of breach or default.

Court Disposition

Appeal allowed.

Orders

  • The order of the Mysore Revenue Appellate Tribunal, Belgaum Branch dated July 27, 1960 is set aside.
  • The orders passed by the Tahsildar, Bijapur and the Assistant Commissioner, Bijapur are restored.