Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | revisional court 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 Allowed |
Headnote | Bombay Tenancy and Agricultural Lands Act, 1948:s.32G - Proceedings under - Initiated by tenant -Rejected by Additional Tehsildar holding that the land wasleased out for growing sugarcane - Appellate-authority set itaside holding that landlord failed to prove the specific purposeof the lease - Revisional Court gave its finding in favour oflandlord, and held that the land was leased out for growingsugarcane - High Court, in writ petition set aside the order ofrevisional court - Held: The order of the authority was perverseas its conclusion was without reference to the evidence -Therefore, High Court erred in setting aside the order ofrevisional court.s. 43A - Applicability of - Whether applicable to singleperson - High Court in view of plural expressions in theprovision held that the provision covers only those cases inwhich lease is given to more than one person - Held: In viewof s. 13 of Bombay General Clauses Act which provides thatsingular shall include the plural and vice versa, pluralexpression will include singular - Thus, s. 43A would beapplicable to single person - Bombay General ClausesAct,1904- s.13. Revision - Jurisdiction of revisional court - Scope of -Held: Revisional court ordinarily does not reappraise theevidence - But where finding recorded by appellate authorityis perverse, it can upset the finding of appellate authority. |
Judge | Hon'ble Mr. Justice C.K. Prasad |
Neutral Citation | 2013 INSC 499 |
Petitioner | Govinda Bala Patil (d) By Lrs. |
Respondent | Ganpati Ramchandra Naikwade (d) By Lrs. |
SCR | [2013] 8 S.C.R. 461 |
Judgement Date | 2013-07-29 |
Case Number | 1675 |
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