Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Tenancy and Agricultural Lands Act 1948 : Ss. 32B 32G |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Bombay Tenancy and Agricultural Lands Act, 1948 : Ss. 32B, 32G- Determination of land in excess of ceiling-Fixation of price for land which the tenant could purchase--Partition-Held entries in Record of rights established partition-Land belonging to minor son and cultivated by father--Even if it is taken as family property, holding within the ceiling limit-Remand order issued by High Court for computing the land holding-Upheld.The respondents filed an application under S.32G of the Bombay Tenancy & Agricultural Lands Act, 1948 to determine the price payable to the appellant for purchase of 8 acres and 26 guntas, which was admittedly in their possession as tenant. The Tribunal found that respondent no. 1 was in possession of 54 acres of land i.e. in excess of the ceiling of 48 acres, and therefore he was not entitled to purchase the land in question from the appellant.On appeal the High Court reversed the finding of the Tribunal and held that the oral evidence coupled by the entries In the Record of Rights established that there was a partition between Respondent No. 1 and his brother stood excluded; and that even assuming that the land belonging to the minor son & cultivated by his father respondent No.1 was considered to be either held as a tenant or as a member of the joint family, the total land held was within the ceiling limit and therefore Respondent no. 1 was entitled to purchase the said land of the appellant under S.32G of the Act. Accordingly the High Court directed the Mamlatdar to conduct the enquiry under S.32-G and remanded the matter for fixing the price. Hence this appeal.The appellant contended that there was a concurrent finding regarding the land possessed by Respondent No. 1; that the land belonging to the minor son should be included in the holdings held by the respondent- tenant and that the alleged partition between Respondent No. 1 and his brother was not evidenced by any documentary evidence. |
Judge | N/A |
Neutral Citation | 1995 INSC 122 |
Petitioner | Digambar Adhar Patil |
Respondent | Devram Girdhar Patil (died) And Anr. |
SCR | [1995] 2 S.C.R. 133 |
Judgement Date | 1995-02-21 |
Case Number | 2653 |
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