GANPATI BAYAJI PATIL vs SHRIDHAR BABAJI VIBHUTE [D] BY LRS. & ORS.

The Supreme Court held that under Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948, a tenant's rights cannot be defeated by a subsequent certificate obtained by a member of a joint family after a partition, if the application for the certificate was not made by the joint family on the relevant date of 1.4.1957. The Court emphasized that the landlord must meet the criteria on that date to benefit from Section 88C, and any subsequent change in ownership does not confer rights to the new owner. The High Court's ruling was overturned, affirming the tenant's rights under Section 32-G of the Act.