Supreme Court of India · 2007-05-09
Dinkar Maruti Jadhav vs Nivrutti Gangaram Pawar (Dead) By Lrs. ...
- Court
- Supreme Court of India
- Petitioner
- Dinkar Maruti Jadhav
- Respondent
- Nivrutti Gangaram Pawar (Dead) By Lrs. ...
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court clarified the interpretation of Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, establishing that the issuance of a certificate under Section 88-C is exhausted once a landlord exercises rights under Section 33-B. The Court held that the death of the original landlord necessitates consideration of the legal heirs' income and land extent, distinguishing the operational fields of Sections 33-B and 88-C. The judgment reaffirmed the independent rights of certificated landlords to terminate tenancies without being affected by tenant rights under Sections 31, 31-A, and 31-B.