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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2564 of 2005

PETITIONER:

Dinkar Maruti Jadhav

RESPONDENT:

Nivrutti Gangaram Pawar (dead) by Lrs. And Ors

DATE OF JUDGMENT: 09/05/2007

BENCH:

Dr. ARIJIT PASAYAT & S.H. KAPADIA

JUDGMENT:

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

The scope and ambit of Sections 33-B and 88-C of the

Bombay Tenancy and Agricultural Lands Act, 1948 (in short the

’Act’) fall for determination in the present appeal.

During the course of hearing learned counsel for the

appellant placed strong reliance on the observations made by

this Court in Moreshwar Balkrishna Pandare and Ors. v. Vithal

Vyenku Chavan and Ors. (2001 (5) SCC 551) to the effect that

the High Court’s view is unsustainable. The essence of that

judgment is that once action in terms of Section 33-B is taken

Section 88-C has no relevance. In the instant case, the original

owner had expired. Undoubtedly, the certificate had been

issued to him under Section 88-C with reference to the

qualification possessed by the landlord as on 1st April, 1957.

The question which fell for consideration before the High Court

was the effect of the death o