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january 2005

Supreme Court of India · 2005-01-10

PAPILA BAI vs CHAVDAS T.BHORTAKKE (DEAD) BY LRS.

Citation / case number
SC 1999/10923
Court
Supreme Court of India
Petitioner
PAPILA BAI
Respondent
CHAVDAS T.BHORTAKKE (DEAD) BY LRS.
Author
SRIKRISHNA
Bench
B.N. SRIKRISHNA SHIVARAJ V. PATIL

Judgment text excerpt

The Supreme Court upheld the decision of the Maharashtra Revenue Tribunal regarding the issuance of a certificate under Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948, affirming that the appellant, as the original owner, was entitled to redeem the mortgage and that the tenant's claim was not valid. The Court clarified that the tenant's rights could not supersede the owner's right to redeem after the stipulated period had lapsed. The judgment of the High Court was set aside, and the appellant's rights were restored, allowing her to execute the compromise decree.

PAPILA BAI vs CHAVDAS T.BHORTAKKE (DEAD) BY LRS. · Niyam