Supreme Court of India · 2000-07-26
Jagdishchandra Girjashanker vs Mohanbhai Hathibhai (Dead) Through ...
- Citation / case number
- AIRONLINE 2000 SC 107
- Court
- Supreme Court of India
- Petitioner
- Jagdishchandra Girjashanker
- Respondent
- Mohanbhai Hathibhai (Dead) Through ...
- Author
- S.S.M. Quadri
- Bench
- S.S.M. Quadri
Judgment text excerpt
The Supreme Court upheld the decision of the Deputy Collector and the Revenue Tribunal regarding the restoration of possession of agricultural land under the Bombay Tenancy and Agricultural Lands Act, 1948. The Court clarified that the rights of the deceased tenant, Hathibhai, were not extinguished despite the order declaring the deemed purchase ineffective under Section 32G, and that his sons inherited tenancy rights under Section 40. The Court found that the landlord obtained possession otherwise than as per Section 29, justifying the restoration of possession to the tenant's son, Mohanbhai.