Supreme Court of India · 1959-09-11
LILACHAND TULJARAM GUJAR AND OTHERS vs MALLAPPA TUKARAM BORGAVI AND OTHERS
- Citation / case number
- SC 1955/31
- Court
- Supreme Court of India
- Petitioner
- LILACHAND TULJARAM GUJAR AND OTHERS
- Respondent
- MALLAPPA TUKARAM BORGAVI AND OTHERS
- Bench
- DAS, SUDHI RANJAN (CJ)
Judgment text excerpt
The Supreme Court held that under Section 74 of the Bombay Land Revenue Code, 1879, a registered occupant cannot unilaterally relinquish occupancy rights that affect other occupants without express authority. The Court ruled that the unconditional surrender by S did not extinguish A's right to his share of the occupancy, and thus the right of redemption for A's share remained intact. The appeal was dismissed, affirming the lower courts' decisions that upheld A's rights despite the surrender by S.