Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Tenancy and Agricultural Act. 1948 - s.32P - Tribunal :v.power to resume and dispose of land not purchased by tenant |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bombay Tenancy and Agricultural Act. 1948 - s.32P - Tribunal :v.power to resume and dispose of land not purchased by tenant - Held: s.32P confers power on the Tribunal to summarily evict the tenant if the right to terminate the tenancy by landlord and right to purchase by tenant has become ineffective - Jn the instant case, landlord failed to exercise his right to terminate the tenancy and tenant also failed to give notice for purchase within one year of retirement of landlord from armed forces - Since period within which the landlord and tenant could not exercise their rights had expired, a proceeding under s.32P was initiated - The landlord having retired in 1959, Chapter lllAA which was introduced in 1964 had no application to the rights of the parties in this case - By the time Chapter Il!AA was introduced in 1964, the appellant's right to terminate the tenancy within one year, was not available to him because one year had passed after the one year made available to the landlord - The provisions of Chapter lllA were not made retrospective b; any express provision or by necessary independents in the amendment - Thus, as the matter stood then, there was only power to terminate and hand over possession to the landlord and that had been valid/)' exercised by the Appropriate Authority under s.32P - High Court, therefore, fell into an error in applying VS. Charati case and thereupon proceeding to hold that Chapter IJJA is applicable in the different facts of the present case - Appropriate Authority under the Act is directed to proceed with the action under s.32P of the Act.Bombay Tenancy and Agricultural Act. 1948 - s.32P - Tribunal :v.power to resume and dispose of land not purchased by tenant - Held: s.32P confers power on the Tribunal to summarily evict the tenant if the right to terminate the tenancy by landlord and right to p11rc/1ase by tenant has become ineffective - Jn the instant case, landlord failed to exercise his right to terminate the tenancy and tenant also failed to give notice for purchase within one year of retirement of landlord from armed forces - Since period within which the landlord and tenant could not exercise their rights had expired, a proceeding under s.32P was initiated - The landlord having retired in 1959, Chapter lllAA which was introduced in 1964 had no application to the rights of the parties in this case - By the time Chapter Il!AA was introduced in 1964, the appellant's right to terminate the tenancy within one year, was not available to him because one year had passed after the one year made available to the landlord - The provisions of Chapter lllA were not made retrospective b; any express provision or by necessary independents in the amendment - Thus, as the matter stood then, there was only power to terminate and hand over possession to the landlord and that had been valid/)' exercised by the Appropriate Authority under s.32P - High Court, therefore, fell into an error in applying VS. Charati case and thereupon proceeding to hold that Chapter IJJA is applicable in the different facts of the present case - Appropriate Authority under the Act is directed to proceed with the action under s.32P of the Act. |
Judge | N/A |
Neutral Citation | 2017 INSC 1298 |
Petitioner | Sakharam Ganesh Pujari (d) Thr. His Lrs |
Respondent | Husen Aba Bahadur (d} By His Lrs.& Anr. |
SCR | [2017] 11 S.C.R. 229 |
Judgement Date | 2017-11-16 |
Case Number | 882 |
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