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april 1966

Supreme Court of India · 1966-04-04

PATEL RAMBHAI BACHARBHAI & ANR. vs PATEL DAHYABHAI BECHARBHAI & ANR.

Citation / case number
SC 1964/90286
Court
Supreme Court of India
Petitioner
PATEL RAMBHAI BACHARBHAI & ANR.
Respondent
PATEL DAHYABHAI BECHARBHAI & ANR.
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that the orders impleading the appellants were not without jurisdiction under the Bombay Agricultural Debtors Relief Act, 1947, as per Section 56, which mandates that pending proceedings under the repealed Act must be disposed of according to the new Act's provisions. The Court clarified that under Section 46 of the 1947 Act, parties can be added irrespective of time limits set by the repealed Act. Additionally, the appellants did not acquire title by adverse possession since the debt adjustment petition was filed within 12 years of their occupation of the lands.

PATEL RAMBHAI BACHARBHAI & ANR. vs PATEL DAHYABHAI BECHARBHAI & ANR. · Niyam