Supreme Court of India · 1961-12-22
MAHARANA SHRI JAYVANTSINGHJI RANMALSINGHJI ETC. vs THE STATE OF GUJRAT
- Citation / case number
- SC 1958/158
- Court
- Supreme Court of India
- Petitioner
- MAHARANA SHRI JAYVANTSINGHJI RANMALSINGHJI ETC.
- Respondent
- THE STATE OF GUJRAT
- Bench
- SINHA, BHUVNESHWAR P.(CJ),DAS, S.K.,SARKAR, A.K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that Sections 3, 4, and 6 of the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958, were unconstitutional as they created a new class of permanent tenants, infringing the fundamental rights of tenure-holders under Articles 14, 19(1)(f), and 31 of the Constitution. The Court found that these provisions effectively reduced the purchase price entitlement of the petitioners under Section 32H of the Bombay Tenancy and Agricultural Lands Act, 1948, thereby violating their property rights. The dissenting opinions noted the implications of the Act on the rights of tenure-holders, emphasizing the need for legislative competence under Article 31A.