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.