Supreme Court of India · 1966-01-27
RAO NIHALKARAN vs RAMGOPAL
- Citation / case number
- SC 1965/28
- Court
- Supreme Court of India
- Petitioner
- RAO NIHALKARAN
- Respondent
- RAMGOPAL
- Author
- GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,SHAHC.,SIKRI, S.M.,RAMASWAMI, V.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,SHAH, J.C.,SIKRI, S.M.,RAMASWAMI, V.
Judgment text excerpt
The Supreme Court held that under Section 185(1)(ii)(a) of the Madhya Pradesh Land Revenue Code, a tenant whose tenancy was terminated before the Code's commencement can still acquire the rights of an occupancy tenant. The Court clarified that the definition of 'tenant' does not exclude those whose tenancy was terminated prior to the Code's enactment. Consequently, the appeal was dismissed, affirming the lower courts' decisions that the respondent retained occupancy rights despite the prior termination of tenancy.