Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MANJUSHA DESHPANDE
Maheboobkha S/o. Rahemankha, (Died) Through His Lrs – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally with the consent of parties.
2. The petitioner is assailing the judgment and order dated 25.07.2013 passed in Revision Petition No.2B/2008/H by Maharashtra Revenue Tribunal, Aurangabad (henceforth ‘MRT’ for short). As a result of dismissal of the Revision Petition before the MRT, the order dated 30.06.1986 passed by the Deputy Collector (Land Reforms), Parbhani, in two appeals filed by the respondents under Section 38-E(1) and 38-E(i) Explanation of the Hyderabad Tenancy & Agricultural Lands Act, 1950 (hereinafter ‘the Act of 1950’ for short) has been confirmed. Therefore, the petitioner is challenging the orders passed by the MRT as well as the respondent No. 2 i.e. Deputy Collector (Land Reforms), Parbhani. The appeals filed by the respondents herein have been allowed and the declaration of ownership under Section 38-E and Order under Section 38-E(i) Explanation of the Act of 1950 passed on 30.06.1986 has been canceled.
3. Learned Advocate Mr. Dalal appearing for petitioner submits that though initially, writ petition was filed by the legal heirs i.e. son of original protected tenant Mehboob Khan Rehman Khan, however,
The rights of a protected tenant under the Hyderabad Tenancy Act cannot be extinguished without fulfilling statutory requirements, and the declaration of protected tenancy is not appealable under Sec....
Revenue authorities cannot recognize succession claims based on ex-parte decrees if necessary parties are not joined, as such decrees do not bind those parties.
Succession rights under the Tenancy Act must be adjudicated by a Civil Court when disputes arise, and revenue authorities lack jurisdiction to grant such rights without timely applications.
Point of Law : Sec.38-E (2) entitles protected tenant even after he obtained a certificate under Sec.38E to seek restoration of possession, and legislature never intended to put any limitation/time l....
The ownership certificate under Section 38-E of the Hyderabad Tenancy Act, 1950 is a formal declaration of ownership conferred on the protected tenant by virtue of the statutory provisions, and the i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
