Supreme Court of India · 1986-09-18
PARVATI & ORS. vs FATEHSINHRAO PRATAPSINHRAO GAEKWAD
- Citation / case number
- SC 1972/60411
- Court
- Supreme Court of India
- Petitioner
- PARVATI & ORS.
- Respondent
- FATEHSINHRAO PRATAPSINHRAO GAEKWAD
- Author
- B.C. RAY
- Bench
- B.C. RAY
Judgment text excerpt
The Supreme Court held that the notification under Section 88(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, which reserved lands for non-agricultural or industrial development, rendered the provisions of the Tenancy Act inapplicable retrospectively. The Court clarified that Section 89(2)(b) does not protect rights accrued before the notification, thus the tenant's rights were extinguished. The appeal was dismissed, affirming the High Court's decision to allow the second appeal and set aside the lower court's judgment.