Supreme Court of India · 1962-05-03
DAHYA LAL AND OTHERS vs RASUL MOHAMMED ABDUL RAHIM
- Citation / case number
- SC 1960/103
- Court
- Supreme Court of India
- Petitioner
- DAHYA LAL AND OTHERS
- Respondent
- RASUL MOHAMMED ABDUL RAHIM
- Author
- SINHA, BHUVNESHWAR P.(),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAHC.
- Bench
- SINHA, BHUVNESHWAR P.(CJ),GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under the Bombay Tenancy and Agricultural Lands Act, 1948, all persons lawfully cultivating agricultural land, regardless of their authority's source, are deemed tenants. The Court ruled that the High Court's order restoring possession to the tenant, who was inducted by the mortgagee, was valid. The Court emphasized that limiting tenant protection to those deriving authority directly from the landowner would contradict the legislative intent of the Act, as stated in Sections 4 and 29.