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september 1983

Supreme Court of India · 1983-09-05

KRISHNABAI ANAJI GHULE AND OTHERS. vs NIVRUTTI RAMCHANDRA RAYKAR AND ANOTHER

Citation / case number
SC 1977/61730
Court
Supreme Court of India
Petitioner
KRISHNABAI ANAJI GHULE AND OTHERS.
Respondent
NIVRUTTI RAMCHANDRA RAYKAR AND ANOTHER
Author
D.A. DESAI
Bench
D.A. DESAI

Judgment text excerpt

The Supreme Court held that the bona fides of a partition cannot be reconsidered in subsequent proceedings under Section 33-B if previously adjudicated under Section 88-C. The Court emphasized that a certificated landlord must prove a bona fide requirement for personal cultivation to obtain possession from an excluded tenant. The appeal was dismissed, affirming that the landlord's need for land must be genuine and not merely a pretext to dispossess the tenant, and that the circumstances of the partition may be relevant in assessing bona fides.

KRISHNABAI ANAJI GHULE AND OTHERS. vs NIVRUTTI RAMCHANDRA RAYKAR AND ANOTHER · Niyam