Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | he Bombay Tenancy and Agricultural Land Act 1948 Agricultural Land Tenant inducted by mortgagee Whether could be evicted |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Agricultural Land—Tenant inducted by mortgagee— Whether could be evicted, or deemed to be tenant under the mortgagor—The Bombay Tenancy and Agricultural Land Act, 1948 (Bom. 67 of 1948), Ss. 4 cls. (a), (b), (c), 29—Constitution of India, Art. 227.In 1891 the ancestors of the appellant mortgaged the land to U. who inducted one R. as a tenant on the land. The appellant as owners of the equity of redemption applied to the Court constituted under the Bombay Agricultural Debtors Relief Act for adjustment of the debt due under the mortgage and for redemption of the land mortgaged. An award was made on this application by compromise and in execution of the award R_ was evicted. R applied to the Mahalkari under s. 29 of the Bombay Tenancy and Agricultural Lands Act, 1948 for an order restoring possession of the land. The application was rejected and the order was confirmed by the Deputy Collector and the Revenue Tribunal. In a petition Art. 227 of the Constitution, the High Court of Bombay it set aside the order passed by the Tribunal and ordered that possession of the land be restored to the respondent and declared that the respondent was entitled to continue in occupation as a tenant on the same terms on which he was a tenant of the mortgagee.Held, that the Act affords protection to all persons who hold agricultural lands as contractual tenants, and subject to the exceptions specified all persons lawfully cultivating lands belonging to others, and it would be unduly restricting the intention of the Legislature to limit the benefit of the Bombay Tenancy and Agricultural Land Act to persons who derive their authority from the owner, either under a contract of tenancy, or otherwise. All persons other than those mentioned in cls. (a), (b) and (c) of s. 4 of the Act who lawfully cultivate land belonging to other persons whether their authority is derived directly from. the owner of the land or not must be deemed to be tenants of the land. |
Judge | Honble Mr. Justice J.C. Shah |
Neutral Citation | 1962 INSC 189 |
Petitioner | Dahya Lal And Others |
Respondent | Rasul Mohammed Abdul Rahim |
SCR | [1963] 3 S.C.R. 1 |
Judgement Date | 1962-05-03 |
Case Number | 516 |
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