Supreme Court of India · 1961-04-12
DAJI KRISHNAJI DESAI TAMBULKAR vs GANESH VISHNU KULKARNI AND OTHERS
- Citation / case number
- SC 1956/38
- Court
- Supreme Court of India
- Petitioner
- DAJI KRISHNAJI DESAI TAMBULKAR
- Respondent
- GANESH VISHNU KULKARNI AND OTHERS
- Bench
- DAYAL, RAGHUBAR
Judgment text excerpt
The Supreme Court held that prior to April 1946, the transfer of occupancy rights in Khoti land required the consent of the Khot as per Section 9 of the Khoti Settlement Act, 1880. The Court ruled that both sales in 1892 and 1945 were invalid due to lack of consent, affirming that the appellant had no title to the property. Consequently, the appeal against the Bombay High Court's dismissal of the suit was rejected, confirming that the respondent's predecessor had valid title from the 1892 sale.