Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1948: .I ' . Bombay Tenancy and Agricultural Lands Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bombay Tenancy and Agricultural Lands Act, 1948: ss. 4 and 88C-'Deemed tenant '-Mortgagee in possession inducting a person as tenant to cultivate the land-Said person got his name entered in the revenue records as tenant-Certificate u/s 88C granted showing daughter of mortgagor as landlady and the person inducted by mortgagee as tenant-Redemption of mortgage-Plea that there being no express provision in mortgage deed empowering mortgagee to induct a tenant, any person so inducted would be a trespasser and would not become a deemed tenant-Held, in the instant case, land-owner had obtained a certificate u/s 88 C showing the person inducted by mortgagee as tenant-s. 88 C certificate having become final, evidences the fact of tenancy-Person inducted by mortgagee was in lawful possession and lawfully cultivating the land, and thus was a deemed tenant within the meaning of s.4. Father of appellant-plaintiff, mortgaged the suit land in the year 1941, by a conditional sale in favour of the mortgagee. The mortgagee inducted respondent No.1 as tenant, into the suit land and the latter got his name entered in the revenue records as tenant of the suit land. The appellant filed a redemption suit which was compromised in her favour. Later, a certificate under s. 88 C of the Bombay Tenancy and Agricultural " Lands Act, 1948 was issued showing the appellant as landlady and the respondent No.1 as tenant. The said certificate under s. 88 C became final. However, the appellant filed a revision application before the High Court challenging the order under s. 88 C. She also filed an application for execution of the compromise decree and for eviction of respondent No.1. Respondent No.1 challenged the execution proceedings and ultimately filed a writ petition before the High Court, which clubbed the appellant's revision with respondent's writ petition and disposed of all the proceedings holding that s. 88 C certificate having become final was evidence of the fact that respondent No.1 was a tenant of the appellant in respect of the suit land; and that right of respondent No.1 which was originally derived from the mortgagee in possession fructified into a full-fledged statutory right because of his fulfilling the description of 'deemed tenant' within the meaning of s. 4 of the Act, and, therefore, he could not have been evicted from the land. Aggrieved, the plaintiff filed the present appeals. It was contended for the appellant that unless there was an express provision in the mortgage deed empowering the mortgagee to induct a tenant, any person inducted on the land would be a trespasser and could not be said to be a deemed tenant. |
Judge | Hon'ble Mr. Justice B.N. Srikrishna |
Neutral Citation | 2005 INSC 20 |
Petitioner | Papila Bai |
Respondent | Chavdas T. Bhortakke (dead) By Lrs. And Ors. |
SCR | [2005] 1 S.C.R. 215 |
Judgement Date | 2005-01-10 |
Case Number | 800-804 |
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