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october 1970

Supreme Court of India · 1970-10-19

BHAGWANT PUNDALIK & ANR. vs KISHAN GANPAT BHARASKAL & ORS.

Citation / case number
SC 1966/60485
Court
Supreme Court of India
Petitioner
BHAGWANT PUNDALIK & ANR.
Respondent
KISHAN GANPAT BHARASKAL & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court ruled that the surrender of land by tenants must comply with Section 20 and Section 36(2) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, which require written surrender and verification by the Tehsildar. The Court held that the landlord's possession was unlawful as it was obtained without following these statutory requirements. Consequently, the tenants were entitled to restoration of possession under Section 36(1) due to the illegal eviction.

BHAGWANT PUNDALIK & ANR. vs KISHAN GANPAT BHARASKAL & ORS. · Niyam