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.