Supreme Court of India · 2003-10-29
BABU P KAIKADI (DEAD) BY LRS vs BABU(DEAD) THR. LRS.
- Citation / case number
- SC 1997/16604
- Court
- Supreme Court of India
- Petitioner
- BABU P KAIKADI (DEAD) BY LRS
- Respondent
- BABU(DEAD) THR. LRS.
- Bench
- V.N. KHARE CJ S.B. SINHA, AR. LAKSHMANAN
Judgment text excerpt
The Supreme Court interpreted Section 32(1B) of the Bombay Tenancy and Agricultural Lands Act, 1948, regarding the validity of voluntary surrender of tenancy not complying with Sections 15 and 29 of the Act. The Court held that such a surrender is non est and thus invalid, reaffirming the principle that tenancy rights cannot be surrendered without following statutory procedures. The appeal was allowed, restoring the appellant's possession of the land in question.