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november 1998

Supreme Court of India · 1998-11-18

V.S.CHARATI vs HUSSEIN NHANU JAMADAR(DEAD) BY L.RS

Citation / case number
SC 1984/68439
Court
Supreme Court of India
Petitioner
V.S.CHARATI
Respondent
HUSSEIN NHANU JAMADAR(DEAD) BY L.RS
Author
G.B.PATTANAIK SUJATA V. MONOHAR
Bench
G.B.PATTANAIK SUJATA V. MONOHAR

Judgment text excerpt

The Supreme Court addressed the applicability of Chapter III-AA of the Bombay Tenancy & Agricultural Lands Act, 1948, particularly Section 43-1B, which allows landlords who are members of the armed forces to terminate tenancy. The Court held that despite the dismissal of the appellant's earlier application under Section 31(1) on 29.5.1957, the appellant could invoke the provisions of Chapter III-AA after attaining majority and joining the armed forces. The High Court's decision allowing the tenant's writ petition was set aside, affirming the landlord's right to terminate tenancy under the amended provisions.

V.S.CHARATI vs HUSSEIN NHANU JAMADAR(DEAD) BY L.RS · Niyam