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may 1962

Supreme Court of India · 1962-05-02

MOHANLAL CHUNILAL KOTHARI vs TRIBHOVAN HARIBHAI TAMBOLI

Citation / case number
SC 1959/137
Court
Supreme Court of India
Petitioner
MOHANLAL CHUNILAL KOTHARI
Respondent
TRIBHOVAN HARIBHAI TAMBOLI
Bench
SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court ruled that the Bombay Tenancy and Agricultural Lands Act, 1948, applies to tenancies in Baroda, and the notification dated April 24, 1951, which excluded certain lands from the Act, had no retrospective effect. The Court held that the cancellation of this notification by a subsequent notification on January 12, 1953, during the pendency of the appeal, meant that the suits should be decided based on the law as it stood at the time of judgment, not at the time of filing. The Court emphasized that the rights accrued to landlords due to the first notification were not affected by the second notification, affirming the jurisdiction of revenue courts over such tenancies under Section 3A(1) of the Bombay Tenancy Act, 1939, and Section 88(1)(d) of the 1948 Act.

MOHANLAL CHUNILAL KOTHARI vs TRIBHOVAN HARIBHAI TAMBOLI · Niyam