S. G. MEHARE
Shankarrao Sakharam Adhav – Appellant
Versus
Prakash Nilkanth Joshi – Respondent
JUDGMENT :
S.G. Mehare, J.
Rule. Rule made returnable forthwith. Heard finally with the consent of parties.
2. Since in both petitions the common issue was involved and the respondent is common; hence, taken up for disposal together.
3. In Writ Petition No.13268 of 2018, the petitioner has impugned the order of the learned Member, Maharashtra Revenue Tribunal, Aurangabad passed in Case No.17/B/2016/Ahmednagar dated 24.09.2018. In Writ Petition No.13265 of 2018 has impugned the order of the Hon'ble Member, Maharashtra Revenue Tribunal, Aurangabad in Case No.16/B/2016/Ahmednagar dated 24.09.2018. The petitioners in both cases were tenant and respondent no.1 was the landlord.
4. The facts in Writ Petition No.13268 of 2018 were that the father of respondent no.1 had leased the suit land by registered lease deed dated 16.09.1967 for 16 years on yearly lease of Rs.60 p.a. The land was leased for cultivating the sugarcane. It was a contractual lease. Since the petitioners/tenants failed to cultivate the land and violated the terms of lease deed, the respondent issued him a notice of determining the lease under Section 14 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 ('Act of 1948
The court affirmed that tenants' failure to cultivate leased land justified termination under the Maharashtra Tenancy and Agricultural Lands Act, and the doctrine of frustration does not apply to lan....
The court upheld the MRT's decision restoring possession of agricultural land, confirming the tenant's default in rent payment and validating the termination notice despite missing documentation.
A tenant's consistent failure to pay rent for three years, with proper notice, justifies termination of tenancy under the Maharashtra Tenancy and Agricultural Lands Act.
The landlord's entitlement to resume land for personal cultivation is subject to the conditions mentioned in Section 33B(5)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948. In cases of join....
It is now well-settled principles of law that non-mentioning or wrong mentioning of a provision of law does not invalidate an order in the event it is found that a power therefore exists
The central legal point established in the judgment is the significance of the exemption certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, in determining proc....
In eviction suits, admitted landlord-tenant relationship estops tenant from denying title; landlord needs only prove relationship and grounds, not ownership. Open land leases not protected by rent co....
The main legal point established in the judgment is the application of Section 106 of the Transfer of Property Act, 1882, to establish the existence of the oral tenancy and the bonafide requirement o....
1. A court is barred from entertaining an issue which has already been decided previously by any court of law. 2. The pre-condition for establishing the tenant-landlord relationship is that the landl....
The court established that while conditions of land regrant are binding and must be complied with, enforcement actions based on breaches must be initiated within a reasonable time frame to be valid.
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