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january 1977

Supreme Court of India · 1977-01-20

BALKRISHNA SOMNATH vs SADA DEVRAM KOLI & ANOTHER

Citation / case number
SC 1968/60041
Court
Supreme Court of India
Petitioner
BALKRISHNA SOMNATH
Respondent
SADA DEVRAM KOLI & ANOTHER
Author
V.R. KRISHNAIYER
Bench
V.R. KRISHNAIYER

Judgment text excerpt

The Supreme Court interpreted Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, holding that a tenant's right to purchase land is postponed if the landlord is a minor or disabled, as per Section 32F(1)(a). The Court clarified that the proviso applies only if the disabled person's share in the joint family is separated by metes and bounds from all joint family assets, not just agricultural land. The appeal was dismissed, affirming the High Court's decision that the landlord did not meet the criteria for claiming the benefit of the proviso.

BALKRISHNA SOMNATH vs SADA DEVRAM KOLI & ANOTHER · Niyam