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: |
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:Sections 32G(6) and 88(1)(c)-Schedule III-Condition Precedents for applicability of. Gujarat Watans Abolition Act, 1961: Section 9-Applicability of.Tenants--Possession of Watan lands-Abolition of watans with effect from 1.4.63-Regrant despite abolition of watans-Termination of tenancy with effect from 31.3.61 and filing of civil suit for possession on 14.8.62-No consent given by landlord either in writing or by acquiescence subsequent to determination of tenancy-Determination of rights of tenancy between the parties-Held jurisdiction of Civil Court was not barred.The appellants were in possession of watan lands as tenants of respondents. Despite abolition of watans with effect from 1.4.1963 by Gujarat Watans Abolition Act, 1961 re-grant was made in favour of the respondents on 23.4.1966. In the meanwhile the respondents terminated , the tenancy of appellants with effect from 31.3.1961 and on 14.8.1962 filed a suit for possession. The appellants raised objections that the Civil Court has no jurisdiction to decide the question whether they were tenants under the respondents and that they were not liable to ejectment on the basis of termination of tenancy. Relying on Section 88 of the Bombay Tenancy and Agricultural Lands Act, 1948 the Civil Court dismissed the suit and held that appellants were tenants and therefore until the question of termination of tenancy was decided by Mamlatdar the Civil Court had no Jurisdiction.On revision the High Court held that the Civil Court was wrong in its conclusion that the tenancy court has jurisdiction to determine the rights of the tenancy between the parties and accordingly reversed the decree and remitted the matter for trial according to law. In appeals to this court it was contended on behalf of the appellants that by operation of sub-section (6) of Section 32(G) of the Tenancy Act despite the abolition of the watan and re-grant in favour of the respondent, the right of tenancy created in favour of the tenants still subsists. Therefore, the question whether the tenancy was legally terminated was to be decided only by the mamlatdar and not by the civil court. |
Judge | N/A |
Neutral Citation | 1995 INSC 171 |
Petitioner | Heirs And Lrs. Of Deceased Somabhai Kanjibhai Baria |
Respondent | Patel Parshottamdas Jamdas (d) And Anr. |
SCR | [1995] 2 S.C.R. 580 |
Judgement Date | 1995-03-07 |
Case Number | 2685 |
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