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march 1975

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.

RAMCHANDRA KESHAV ADKE & ORS vs GOVIND JOTI CHAVARE AND ORS. · Niyam