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may 1983

Supreme Court of India · 1983-05-11

AMRIT BHIKAJI KALE & ORS. vs KASHINATH JANARDHAN TRADE & ANR.

Citation / case number
SC 1981/63668
Court
Supreme Court of India
Petitioner
AMRIT BHIKAJI KALE & ORS.
Respondent
KASHINATH JANARDHAN TRADE & ANR.
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court interpreted Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, establishing that a tenant becomes a 'deemed purchaser' of the land on April 1, 1957, free from encumbrances. The Court held that subsequent actions taken by the landlord and revenue authorities, including the execution of a will and mutation of records, were invalid as they disregarded the tenant's statutory rights. The Court ruled that statements made by the deemed purchaser under ignorance do not amount to estoppel, thereby affirming the tenant's rights over the land.

AMRIT BHIKAJI KALE & ORS. vs KASHINATH JANARDHAN TRADE & ANR. · Niyam