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.