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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Amit Borkar
Sahadeo Namdeo Mahadik (Since Deceased) Through Legal Representatives – Appellant
Versus
Writ Petition No.11467 of 2012, Civil Application (St.) No.21067 of 2016 – Respondent
| Table of Content |
|---|
| 1. determination of parties' status. (Para 1 , 2 , 3) |
| 2. arguments regarding succession and property rights. (Para 4 , 5) |
| 3. court's analysis of statutory provisions. (Para 6 , 10 , 11) |
| 4. interpretation and implications of section 43. (Para 12 , 19) |
| 5. successor rights under succession laws. (Para 21 , 22 , 23) |
| 6. entitlement of petitioners to property. (Para 24 , 27 , 28) |
| 7. stay of order granted. (Para 30) |
JUDGMENT :
Amit Borkar, J.
Civil Application (St.) No.21067 of 2016:
1. Having regard to the nature of the dispute, it becomes necessary to determine the status of the parties by applying Order XXII Rule 5 of the Code of Civil Procedure, 1908. The Court is required to decide who succeeds respondent No.1 Parvatibai, in whose favour the Maharashtra Revenue Tribunal delivered its judgment holding that she was the wife of tenant Mahadeo. The Tribunal further held that Mahadeo was in possession of the disputed land as a tenant.
2. The facts relevant for deciding the present civil application may be stated thus. In proceedings arising under Section 32 -G of the Maharashtra Tenancy and Agricultural Lands Act, 1948, the Tribunal, by judgment and order dated 21 September 2017, se
The court ruled that tenancy rights cannot be transferred by Will within ten years from acquisition under the MTAL Act, ensuring protection against alienation to non-legal heirs.
A registered Will executed by a tribal cannot be enforced without prior permission from the Collector under Section 73AA of the Land Revenue Code, and failure to obtain probate invalidates the claim.
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....
Civil Courts retain jurisdiction to determine property disputes involving joint family ownership, regardless of individual titles issued under the Tenancy Act.
Agreements to sell land under the Gujarat Tenancy Act, 1948, without prior Collector approval are invalid and unenforceable, making related suits for specific performance unmaintainable.
The issuance of purchase certificates under the Maharashtra Tenancy Act does not confer exclusive ownership to one coparcener, as the properties remain joint family properties, and the Civil Court ha....
Every tenancy, whether contractual or statutory, is ordinarily heritable, and that heritability is an incident of tenancy.
The central legal point established in the judgment is the mandatory requirement for tenants to send intimation of purchase to the landlord within the prescribed period after the death of the landlad....
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