Supreme Court of India · 1963-12-06
BAI ACHHUBA AMAR SINGH vs SRI KALIDAS HARNATH OJHA AND OTHERS
- Citation / case number
- SC 1962/132
- Court
- Supreme Court of India
- Petitioner
- BAI ACHHUBA AMAR SINGH
- Respondent
- SRI KALIDAS HARNATH OJHA AND OTHERS
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that the provisions of Section 84A of the Bombay Tenancy and Agricultural Lands Act, 1948 are prospective, meaning they bar declarations of invalidity for transfers made after its enactment but do not affect prior adjudications declaring a transfer invalid. The Court ruled that the Collector's prior declaration of the sale as invalid, confirmed by the Revenue Tribunal, could not be challenged post-enactment of Section 84A. The Court also clarified that applications under Section 84 can be made by any interested person, not just the landlord, affirming the Collector's duty to determine possession based on invalid transfers.