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december 1963

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.

BAI ACHHUBA AMAR SINGH vs SRI KALIDAS HARNATH OJHA AND OTHERS · Niyam