Niyam v2 is live — start for just ₹100 — 200 credits to try

september 1959

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.

LILACHAND TULJARAM GUJAR AND OTHERS vs MALLAPPA TUKARAM BORGAVI AND OTHERS · Niyam