Supreme Court of India · 1970-09-08
SHANKAR MADHOJI NEMADE vs CHISUJI JANAJI BHADKE & ORS.
- Citation / case number
- SC 1967/240
- Court
- Supreme Court of India
- Petitioner
- SHANKAR MADHOJI NEMADE
- Respondent
- CHISUJI JANAJI BHADKE & ORS.
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that Section 52 of the Bombay Tenancy and Agricultural Lands Act applies to cases where a landlord took possession under the Berar Act, extending the personal cultivation requirement from 2 years to 12 years. The Court found that the appellant did not make a false statement regarding land valuation, and thus, the special leave should not be canceled. The Court confirmed that the tenant's right to apply for restoration of possession under Section 52 was valid, as the landlord failed to cultivate the land personally within the stipulated period.