Supreme Court of India · 2008-01-18
DINKAR MARUTI JADHAV vs NIVRUTTI GANGARAM PAWAR (D) BY LRS.&ORS.
- Citation / case number
- SC 2004/5328
- Court
- Supreme Court of India
- Petitioner
- DINKAR MARUTI JADHAV
- Respondent
- NIVRUTTI GANGARAM PAWAR (D) BY LRS.&ORS.
- Author
- ARIJIT PASAYAT
- Bench
- DR. ARIJIT PASAYAT,TARUN CHATTERJEE,LOKESHWAR SINGH PANTA
Judgment text excerpt
The Supreme Court clarified the decision in Moreshwar Balkrishna Pandare v. Vithal Vyanku Chavan [2001(5) SCC 551], stating that Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 operate in different contexts. The Court held that upon the death of the original landlord, the legal heirs' income and land extent must be considered, impacting the application of Section 33-B regarding bona fide requirement and personal cultivation. The matter was remitted to the High Court for fresh consideration in light of this clarification.