Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bombay Tenancy and Agricultural Lands |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Tenancy & Agricultural Lands (vidarbha Region) Act (99 of 1958) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | • ' A B c D E F G H 657 BHAGWANT PUNDALIK & ANR. v. KISHAN GANPAT BHARASKAL & ORS. October19, 1970 [J. c. SHAH, K. s. llEGDE AND A. N. GROVER, JJ.] Bombay Tenancy andAgriculturalLands (VidarbhaRegion) Act 1958, s~. 20 and 36--Surrender of !andby tenant-Neitherwritten nor verifiedbefore Tehsildar-Validity. ·The respondentsobtained a leasefor cultivationof land. ''on the landlord'sdesire to cultivate the land pelrsonally, therespondents surren· deredthe lands to the landlord.The surrender was not in writingnor was there verificationof thesurrender by the Tehsildar. The landlord cultivatedthe landfor a few year-s, andthereaftergranted a lease to the appellantThe respondentsapplied under s. 36 of the Bombay Tenancy andAgriculturalLands (Vidarbha Region) Act, 1958,for restorationof possession to them. On thequestionwhether the evictionof respondent was leaal, thisCourt, ·· HELD : Possession obtained by. the landlord was not lawful,for, he obtained J>')SSession of the .lands fromthe tenantswithoutcomplyina'with tho requirement~ of s. 20 and sub-s. (2)of s. 36. Sub-section(2) of s. 36 prohibitsthe landlordfrom obtaining poss11ssion of any land beld by a tenantexcept unler an order of Tahsildar.Delivery of posseslionvolun tarily by the respondents did notrender possession of thelandlord valid. Under s._36(1)a tenant who has been evictedin contraventionof sub-s. (2) may apply' inwritingto theTahsildarfor such possession, !659 El By s. 20 of theAct which deals with surrender it is expressly pro vided thatsurrender shall be in writingand shall be verifiedin the pres· oribed manner.Surrenderof tenancywhich does not comply with the requirementsof s. 20 is ineffective. Again the terms of suli-s. (2)of s. 36 are explicit;they are notsubjectto any implicationthat possession obtained with the consentof the. tenant,but without an orderof the Tahsi!dar is valid. L659 HJ · In thepresent case there is no surrenderof tenancy in writingand no varificationof surrender by theTahsildar. • Madho SI o TalyaSonar v. MaharashtraRevenue Tribunal & Ors. Special Civil Application No. 206/1967 dt, 11-12-1969, followed. CML APPELLATE JURISDICTION: Civil AppealsNos. 1409 a00 1721 of 1966. Appealsby specialleave from the judgmentand orderdated November15, 1965of theBombayHigh Court,NagpurBench in Special Civi.l ApplicationNos. 746 and 747of 1964. S. K. Mehtaand K. L. Mehta.for the appellants (in boththe appeals). M. S. Gupta,for respondentsNos. 1 and2 (in C.A.No. 1409 of 1966. s, S. Khanduja,for respondentNo. 3 (w boththe appeals). 658 SUPREME COURT REPORTS (1971] 2 S.C.R. The J udgm•nt of theCourt was deliveredby Shah, J.-Badridas sonof Ramgopal was theownerof fields SurveyNos. 2 and 9 /2 of villageBhamberi, taluq Akot, District Akola. On February26, 1958,Badridasgranted a leasefor culti vationof thelandsto twobrothersKishan and Manik. At the endof theagriculturalyear 1958-59Badridastook possessionof the. lands from Kishanand Manikrepresentatingthat he desired to cultivatethe landspersonally.Badridas cultivatedthe lands duringthe agriculturalyears 1959-60 and 1960-61,and there after on January18, 1961he granteda leaseof thelandsfor four years to Bhagwantson of PundalikKishan and Manikthen appli ed onJune 30, 1961under s. 36(1)of theBombayTenancyand AgriculturalLands (VidarbhaRegion) Act, 1958,for an order restoredthem to possessionalleging that theirevictionfrom the lands was illegal. TheAdditionalTahsildar dismissed the applica tion, but in appealthe orderwas reversed.In theviewof the appellateauthorityKishan and Manikwere in 1958-59tenants of the lands andthey wereevicted otherwisethan in accordance.with the. law, and thattheywereentitled to be restored to possession under s. 36(1)of theBombayTenancyand AgriculturalLands · (Vi |
Judge | Honble Mr. Justice J.C. Shah |
Neutral Citation | 1970 INSC 222 |
Petitioner | BHAGWANT PUNDALIK & ANR, |
Respondent | KISHAN GANPAT BHARASKAL & ORS. |
SCR | [1971] 2 S.C.R. 657 |
Judgement Date | 1970-10-19 |
Case Number | 1409 |
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