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december 1998

Supreme Court of India · 1998-12-28

SECRETARY, DEVASTHAN MANAGEMENT COMMITTEE, WESTERNMAHARASHT vs BHIMANNA MALLAPPA MALI & ORS.

Citation / case number
SC 1991/80247
Court
Supreme Court of India
Petitioner
SECRETARY, DEVASTHAN MANAGEMENT COMMITTEE, WESTERNMAHARASHT
Respondent
BHIMANNA MALLAPPA MALI & ORS.
Author
M.JAGANNADHA RAO. S.P. KURDUKAR
Bench
M.JAGANNADHA RAO. S.P. KURDUKAR

Judgment text excerpt

The Supreme Court held that under Section 29(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, a tenant cannot be dispossessed without due process, and that the tenant's application for restoration of possession was valid despite the auction held by the Deosthan Managing Committee. The Court found that the lands were not exempt from the Act as claimed under Section 88(1)(a), thus upholding the tenant's right to possession. The judgment reversed the Tribunal's decision and restored the order of the Tahsildar and Collector for the tenant's reinstatement.

SECRETARY, DEVASTHAN MANAGEMENT COMMITTEE, WESTERNMAHARASHT vs BHIMANNA MALLAPPA MALI & ORS. · Niyam