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december 1961

Supreme Court of India · 1961-12-01

RAJA RAM MAHADEV PARANJYPE AND OTHERS vs ABA MARUTI MALI AND OTHERS

Citation / case number
SC 1959/180
Court
Supreme Court of India
Petitioner
RAJA RAM MAHADEV PARANJYPE AND OTHERS
Respondent
ABA MARUTI MALI AND OTHERS
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that under Section 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, landlords acquire a statutory right to eject tenants upon default in rent payment for three years. The Court ruled that the Mamlatdar lacks the authority to grant relief against forfeiture in such cases, as the Act does not provide for it, and equitable relief is not applicable to statutory rights. The Court affirmed the landlords' entitlement to possession in all appeals, including consideration of defaults in previous years despite prior relief granted.

RAJA RAM MAHADEV PARANJYPE AND OTHERS vs ABA MARUTI MALI AND OTHERS · Niyam