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august 1965

Supreme Court of India · 1965-08-27

SIDRAM NARSAPPA KAMBLE vs SHOLAPUR BOROUGH MUNCIPALITY & ANR.

Citation / case number
SC 1963/221
Court
Supreme Court of India
Petitioner
SIDRAM NARSAPPA KAMBLE
Respondent
SHOLAPUR BOROUGH MUNCIPALITY & ANR.
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under the Bombay Tenancy and Agricultural Lands Act, 1948, specifically Sections 31, 88, and 89(2), the appellant could not claim protected tenant status as the provisions of Section 88(1)(a) explicitly excluded lands held on lease from a local authority. The Court clarified that the status of protected tenants conferred by the repealed 1939 Act was revoked for lessees from local authorities by the 1948 Act. Consequently, the Mamlatdar lacked jurisdiction to declare the appellant as a protected tenant, and the High Court's order was upheld, denying the appellant's claim for protection under the 1948 Act.

SIDRAM NARSAPPA KAMBLE vs SHOLAPUR BOROUGH MUNCIPALITY & ANR. · Niyam