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november 2017

Supreme Court of India · 2017-11-16

SAKHARAM GANESH PUJARI (D) THR. HIS LRS vs HUSEN ABA BAHADUR (D) BY HIS LRS. .

Citation / case number
SC 2003/26237
Court
Supreme Court of India
Petitioner
SAKHARAM GANESH PUJARI (D) THR. HIS LRS
Respondent
HUSEN ABA BAHADUR (D) BY HIS LRS. .
Author
L. NAGESWARA RAO THE CHIEF
Bench
HON'BLE MR. JUSTICE L. NAGESWARA RAO HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Bombay High Court affirmed that the tenants' right to purchase land under Section 32G of the Bombay Tenancy and Agricultural Act, 1948 remains valid, rejecting the landlord's argument regarding the extinguishment of rights due to non-exercise of termination rights. The court held that both the landlord and tenant failed to exercise their respective rights within the stipulated periods, thus allowing the tenant's right to purchase to continue. The court also clarified that the amendment made in 1964 does not have retrospective effect, as established in Rajakka vs. S.M. Shinde.

SAKHARAM GANESH PUJARI (D) THR. HIS LRS vs HUSEN ABA BAHADUR (D) BY HIS LRS. . · Niyam