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march 1968

Supreme Court of India · 1968-03-13

ISHWARDAS vs MAHARASHTRA REVENUE TRIBUNAL & ORS.

Citation / case number
SC 1966/60073
Court
Supreme Court of India
Petitioner
ISHWARDAS
Respondent
MAHARASHTRA REVENUE TRIBUNAL & ORS.
Author
HIDAYATULLAH, M. (),BACHAWAT, R.S.,VAIDYIALINGAM, C.A.,HEGDE, K.S.,GROVER, A.N.
Bench
HIDAYATULLAH, M. (CJ),BACHAWAT, R.S.,VAIDYIALINGAM, C.A.,HEGDE, K.S.,GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Section 2(12) and Section 36(1) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, a Managing Trustee of a public charitable trust can be considered a 'landlord' and is entitled to claim possession of land for personal cultivation. The Court overruled the tenant's contention that the trust could not cultivate personally, affirming that the properties vest in the Managing Trustee, allowing him to seek surrender of the land. The appeal was allowed, restoring the Naib Tehsildar's order for possession.

ISHWARDAS vs MAHARASHTRA REVENUE TRIBUNAL & ORS. · Niyam