Supreme Court of India · 2003-02-14
SHANKAR POPAT GAIDHANI vs HIRAMAN UMAJI MORE(DEAD) BY LRS. .
- Citation / case number
- SC 1992/80048
- Court
- Supreme Court of India
- Petitioner
- SHANKAR POPAT GAIDHANI
- Respondent
- HIRAMAN UMAJI MORE(DEAD) BY LRS. .
- Author
- S.B. SINHA
- Bench
- AR. LAKSHMANAN. S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the applicability of the Bombay Tenancy and Agricultural Lands Act, 1948, in the context of a dispute over the specific performance of a sale agreement. The Court held that the jurisdiction of civil courts is limited when it comes to tenant rights under the Act, emphasizing that a tenant's rights must be respected and cannot be overridden by agreements made by the landlord. The appeal was dismissed, affirming the lower court's decree that recognized the tenant's rights and the limitations on the landlord's ability to sell the property without the tenant's consent.