Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | lease tenancy |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Berar Regulation of Agricultural Leases Act, 1951-Section 8(1)(c)(f)- Tenancy-Termination-Applications by Karta of family-Legality of. Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 c -Proceedings under-Non-Compliance of prior notice-Effect. Constitution of India, 195(}-Article 136-Appeal by special leave- Appreciation of High Court's finding-Lease deed dated 30-4-1951, whether genuine. Respondent No.1 was the owner of the disputed land. The land was in cultivating possession of the appellant-tenants since 1951. They acquired the status of protected lessees under the Berar Regulation of Agricultural Leases Act, 1951 and the Bombay Tenancy amt Agricultural Lands (Vidarbha Region) Act, 1958. The respondent filing two separate applications against the appellants. Initiated proceedings before the Sub-Divisional Officer for ejectment of the appellants on the ground that predecessor of the appellant No.1 created sub-leases in favour of appellant No.2 and another and as such their tenancy was liable to be terminated in term of section 8(1)(c)(t) of the Berar Act. The appellants resisted the applications contending that all the three persons were independent lessees in their own rights and as such there , was no question of appellant No.1 having created sub-leases in favour of the other two. The respondent No.1 produced a lease deed dated April 30, 1951 to prove that all the three tracts of land were leased to appellant No.1 and no part of the land was ever leased to appellant No.2 and another; and that the original lessee, appellant No.1, subleased part of the land to the other two occupants.The Sub-Divisional Officer allowed the applications of the respondent No.1. The appellants filed appeals before the Sub-Deputy Collector against the order of the Sub-Divisional Officer, which were dismissed. The appellants-tenants went in revision before the Revenue. Tribunal. The Tribunal allowed the revision petitions of the appellants. . The respondent challenged the order of the Tribunal dated 25.3.1970 in the High Court on 4.8.1971. In order to get over the delay in tiling the writ petition the land-owner filed an affidavit stating that the papers in his office remained unattended due to oversight and pressure of work and as such the filing of the petitions was delayed. The High Court allowed the petitions of the land-owner. These appeals were filed by the tenants by way of special leave petitions against the judgment of the High Court. |
Judge | Hon'ble Mr. Justice Kuldip Singh |
Neutral Citation | 1992 INSC 123 |
Petitioner | Pundlik Krishna Ji And Ors. |
Respondent | Trimbak Bhikaji Patil And Ors. |
SCR | [1992] 2 S.C.R. 749 |
Judgement Date | 1992-04-23 |
Case Number | 349 |
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