Supreme Court of India · 1975-03-04
RAMCHANDRA KESHAV ADKE & ORS vs GOVIND JOTI CHAVARE AND ORS.
- Citation / case number
- SC 1968/60460
- Court
- Supreme Court of India
- Petitioner
- RAMCHANDRA KESHAV ADKE & ORS
- Respondent
- GOVIND JOTI CHAVARE AND ORS.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court held that Section 5(3)(b) of the Bombay Tenancy Act mandates that a tenant's surrender of tenancy must be in writing and verified by the Mamlatdar, emphasizing that these requirements are not merely directory but mandatory. The Court ruled that any neglect of these statutory requisites renders the surrender invalid, thus upholding the High Court's dismissal of the landlords' writ petition as the alleged surrender was a nullity due to non-compliance with the Act. The decision reinforces the protective intent of the law for tenants against coercion and ignorance.