Supreme Court of India · 1968-08-21
MUSSAMIYA IMAM HAlDER BAX RAZVI vs RABARI GOVINDHAI RATNABHAI & ORS.
- Citation / case number
- SC 1966/60433
- Court
- Supreme Court of India
- Petitioner
- MUSSAMIYA IMAM HAlDER BAX RAZVI
- Respondent
- RABARI GOVINDHAI RATNABHAI & ORS.
- Bench
- RAMASWAMI
Judgment text excerpt
The Supreme Court held that under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, tenants are deemed statutory owners on 'tillers' day', which was April 1, 1957. However, due to the amendment by the Bombay Amendment Act 13 of 1956, sections 1 to 87A were not applicable to lands under the management of the Court of Wards from August 1, 1956 to May 11, 1958. The Court affirmed the High Court's decision that the lease was not vitiated by fraud and that the civil court had jurisdiction to determine tenancy status prior to the suit but not on the date of the suit itself, which should be referred to revenue authorities.