Supreme Court of India · 1969-01-10
VALLABHAI NATHABHAI vs BAI JIVI & ORS.
- Citation / case number
- SC 1966/60383
- Court
- Supreme Court of India
- Petitioner
- VALLABHAI NATHABHAI
- Respondent
- BAI JIVI & ORS.
- Bench
- SHELAT, J.M.
Judgment text excerpt
The Supreme Court held that under the Bombay Tenancy and Agricultural Lands Act, 1948, a tenant's remedy for restoration of possession lies under Section 29(1) when a surrender is not valid and binding. The Court clarified that a landlord cannot retain possession if the tenancy has not been terminated, and the tenant can claim possession under the Act. The appeal was dismissed, affirming that Section 84 does not apply in this case, as the tenant's rights are protected under Section 29(1).