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november 1961

Supreme Court of India · 1961-11-29

TRIMBAK DAMODHAR RAIPURKAR vs ASSARAM HIRAMAN PATIL AND ORS.

Citation / case number
SC 1961/141
Court
Supreme Court of India
Petitioner
TRIMBAK DAMODHAR RAIPURKAR
Respondent
ASSARAM HIRAMAN PATIL AND ORS.
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court held that under Section 23(1)(b) of the Bombay Tenancy Act, 1939, the period of lease was automatically extended due to the enactment of the Bombay Tenancy and Agricultural Lands Act, 1948, and the subsequent Bombay Tenancy and Agricultural Lands (Amendment) Act, 1952. The court ruled that a landlord must comply with the statutory requirements for a valid notice to terminate the tenancy, which includes a one-year notice period for bona fide personal cultivation. The court clarified that the right to eject does not accrue until the notice period has expired, establishing that the statute operates prospectively and does not have retrospective effect on existing rights.

TRIMBAK DAMODHAR RAIPURKAR vs ASSARAM HIRAMAN PATIL AND ORS. · Niyam