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november 1996

Supreme Court of India · 1996-11-19

SAVALIRAM GOTIRAM TELI BY HIS LRS. vs MADHUKAR YESHWANT PATANKAR .

Citation / case number
SC 1978/61081
Court
Supreme Court of India
Petitioner
SAVALIRAM GOTIRAM TELI BY HIS LRS.
Respondent
MADHUKAR YESHWANT PATANKAR .
Author
S.B. Majmudar
Bench
S.B. MAJMUDAR N.P. SINGH

Judgment text excerpt

The Supreme Court ruled that heirs of a tenant can claim restoration of possession under Section 32(1B) of the Bombay Tenancy and Agricultural Lands Act, 1948, even after the tenant's death, provided the tenant was dispossessed without due process. The Court overturned the Bombay High Court's decision that limited such proceedings to the tenant alone, affirming that the heirs are entitled to seek restoration as the conditions for applicability of Section 32(1B) were met. The Court held that the heirs of the tenant are entitled to restoration of possession of the lands.

SAVALIRAM GOTIRAM TELI BY HIS LRS. vs MADHUKAR YESHWANT PATANKAR . · Niyam