Supreme Court of India · 1970-09-01
JIJABAI VITHALRAO GAJRE vs PATHANKHAN & ORS.
- Citation / case number
- SC 1967/241
- Court
- Supreme Court of India
- Petitioner
- JIJABAI VITHALRAO GAJRE
- Respondent
- PATHANKHAN & ORS.
- Bench
- VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court ruled that under the Bombay Tenancy & Agricultural Lands (Vidarbha Region) Act, 1958, an application under Section 39 does not lie when the tenancy was created prior to April 1, 1957. The Court held that the mother of the appellant was the natural guardian, thus validating the lease granted by her. The Court confirmed the High Court's decision that the application for termination of tenancy was not maintainable under Section 39, leading to the dismissal of the appellant's claim for possession of the land.