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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
Sopana Bala Kadam – Appellant
Versus
Vijay Harishchandra Khaire – Respondent
Judgment :
1) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for parties, the Petitions are taken up for final disposal.
2) These Petitions challenge order dated 30 January 2016 passed by the Maharashtra Revenue Tribunal, Pune (MRT) by which the MRT has allowed revision filed by the Respondents (Revision Application No. P/VIII/3/2011) and has set aside order dated 14 July 2011 passed by the Sub Divisional Officer, Baramati (SDO) declaring that land bearing Gat Nos.28/1, 28/2, 28/3 and 28/4 admeasuring 18 Acres, 21 Guntha has been purchased by Petitioners and fixing its purchase price. Petitioners accordingly seek restoration of SDO’s order dated 14 July 2011 to the extent of land bearing Gat Nos.28/1, 28/2, 28/3 and 28/4. Order dated 30 January 2016 is also challenged by the Petitioners to the extent it rejects their own revision (Revision No. P/IX/1/2011) in which they had challenged SDO’s order dated 14 July 2011 to the extent of denial of tenancy rights in respect of land bearing Gat No.31. Accordingly, Petitioners seek declaration of their tenancy in respect of land bearing Gat No.31 as well and its purchase by fixing the price under Se
Tenancy rights remain suspended during a mortgage but are not extinguished; execution of a mortgage does not imply surrender of tenancy rights.
Tenancy rights remain in abeyance during the mortgage period and are not extinguished by the execution of a mortgage, allowing the tenant to claim purchase rights post-mortgage.
The court affirmed that the protected tenant's rights under the Tenancy Act cannot be overridden by private agreements or settlements that do not comply with statutory requirements.
Tenancy rights cannot be terminated without due process under the Tenancy Act, and any mutation affecting such rights must follow proper notice procedures.
The court established that tenancy rights can be terminated not only by efflux of time but also by changes in land use as per statutory provisions.
Possession of mortgagees in land disputes is deemed permissive, ceasing to be adverse post-mortgage extinguishment under relevant Acts, hence limitations governed by those acts apply.
Brother cultivating widow's land is 'member of owner's family' under tenancy law Section 4(1)(a), excluding deemed tenancy absent tenancy proof; Section 32F protects widow's retained lands from tenan....
Brother cultivating widowed sister's land is family member under Section 4(1)(a), not deemed tenant without proof of tenancy; widow's retained lands protected under Section 32F. Concurrent findings u....
Lawful cultivation is essential for deemed tenancy under Section 4(1) of the Tenancy Act; mere possession does not confer tenancy rights.
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