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february 2003

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.

SHANKAR POPAT GAIDHANI vs HIRAMAN UMAJI MORE(DEAD) BY LRS. . · Niyam