Supreme Court of India · 1965-10-13
VENKATESH NARAHAR KATTl vs HAJI SAHEB KHADIR SAHEB MULLA AND ANOTHER
- Citation / case number
- SC 1963/205
- Court
- Supreme Court of India
- Petitioner
- VENKATESH NARAHAR KATTl
- Respondent
- HAJI SAHEB KHADIR SAHEB MULLA AND ANOTHER
- Bench
- BACHAWAT, R.S.
Judgment text excerpt
The Supreme Court held that under Section 29(2) of the Bombay Tenancy and Agricultural Lands Act, 1948, the limitation period for filing an application for possession begins from the date of termination of tenancy, not from the date of default in payment of rent. The Court clarified that the right to apply accrues to the landlord upon termination of tenancy by notice under Section 14(1)(b). Consequently, the application filed within two years of termination was not barred by limitation, and the previous ruling in Chimanbai Rama v. Ganpat Jagannath was overruled.