Bombay Tenancy and Agricultural Lands Act, 1948

The appellants filed a Form‑7 under the Karnataka Land Reforms Act, 1961 claiming occupancy rights over certain survey numbers and later sought to amend the form to correct mis‑descriptions, adding land in two villages. The Land Tribunal rejected the claim, but the Land Reforms Appellate Authority allowed it, holding t…

The appellant, a hereditary watandar, claimed that the tenant's notice to purchase the land under Section 32‑G of the Bombay Tenancy & Agricultural Lands Act, 1948 was invalid because it was not served within one year as required by Section 32‑0, and that the proviso to Section 8 of the Maharashtra Revenue Patels (Abol…

The appellant, a tenant of agricultural land since 1948‑49, was dispossessed by the landlord in 1956 without complying with the procedure prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. The tenant later sought restoration of possession under Section 32(1B) of the Act, but the High Court dismissed …

The landlord filed a civil suit for injunction against the appellant, who claimed to be in possession of agricultural land under an oral tenancy for the year 1968-69. The civil court referred the tenancy issue to the Tehsildar, who found no oral tenancy, but the Special Deputy Collector and the Revenue Tribunal later h…

The tenant filed a proceeding under s.32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking a price determination of land he claimed to have purchased. The Additional Tahsildar held the land was leased for sugarcane and dismissed the case, but the Sub‑Divisional Officer on appeal reversed that finding, sta…

The case concerned a dispute under the Bombay Tenancy and Agricultural Lands Act, 1948 concerning land deemed purchased by a tenant on the tillers' day (1 April 1957). The respondent, who had failed to appear before the Agricultural Lands Tribunal under s.320 and whose sale was declared ineffective, later applied under…

The case concerned agricultural land in Karnataka where the original tenant, Gutya, executed a Will bequeathing his tenancy rights to his brother Timma. After Gutya's death, Timma cultivated the land and later applied for occupancy rights under Section 48‑A of the Karnataka Land Reforms Act, 1961. The High Court reject…

The dispute involved the legal heirs of two deceased brothers over eight acres of agricultural land that had been leased in 1944 and later deemed purchased by tenants under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948. A certificate under Section 32M was issued in 1967 in favour of the younger brot…

The case concerned a suit filed by Ramchandra Balwantrao Dubal (plaintiff) seeking redemption of a conditional mortgage dated 23 June 1952. The appellant, D.T. Kadam, claimed to be a tenant of the land under a lease dated 15 June 1949 and argued that he was dispossessed before 1 April 1957, thereby qualifying for the b…

The landlord filed an eviction petition under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948, leading to a 1954 order that, by compromise, required the tenant to surrender three acres while retaining 1 acre 38 guntas. Later the landlord attempted a second eviction on the ground of bona‑fide personal …

The civil court had decreed an eviction suit against the appellant, holding that he was not a tenant, and the decree became final. During execution, the appellant raised a fresh objection that there was no jural relationship because he claimed to be a tenant. The Bombay High Court, in Writ Petition No. 3319 of 1992, di…

The appellant, a tenant, occupied the land on Tillers' Day (1‑April‑1957) when the landlord was a joint family. After a partition on 31‑March‑1958, the respondent obtained a share and applied for a Section 88C exemption certificate on 14‑April‑1959 without notifying the tenant. The respondent later sought possession un…

The appellant, Sau. Saraswati Bai Trimabak Gaikwad, cultivated land that she had leased from Tarabai, who held a limited right to possess the land under a 1927 settlement deed. Although a consent decree had earlier restrained Tarabai from leasing the land, the appellant filed an application under Section 32‑O of the Bo…

The Hajlirat Pir, Babujmal, Deosthan Public Trust (the respondent) applied for an exemption certificate under Section 88‑B of the Bombay Tenancy and Agricultural Lands Act, 1948 for certain lands occupied by the appellants as tenants. The Deputy Collector granted the certificate after finding the trust registered under…

The appellant, a tenant of agricultural lands Gut Nos. 2325 and 2326, became a deemed purchaser under the Bombay Tenancy and Agricultural Lands Act, 1948 on the tillers' day of 1 April 1957. He repeatedly expressed unwillingness to purchase the land, and the Mamlatdar and Agricultural Lands Tribunal recorded his statem…

Bai Dosabhai, who had received two plots of land as a gift, executed a deed of lease in 1946 granting the lessee (Indu Prasad Dev Shankar Bhatt and successors) a right to purchase the land within seven years for a stipulated price, with provisions for rent, default, and sale by public auction. After repeated notices fo…

The respondents filed an application under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking the price for purchasing 8 acres 26 guntas of land held by the appellant as landlord. The Tribunal held that the respondent possessed 54 acres, exceeding the statutory ceiling of 48 acres, and therefore…

The petitioners challenged the constitutional validity of conditions (i) and (ii) attached to the exemption under section 88B(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, which allowed lands of a trust for public religious worship to be exempt from tenancy provisions. Condition (i) required the trust t…

The appellants purchased about 7 acres of agricultural land in Moria village, Gujarat, without obtaining the prior permission required under Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948. The Mamlatdar initiated ejectment proceedings, and the Gujarat High Court dismissed the appellants' special civi…

The tenant, Anna Bhau Magdum (deceased), leased agricultural land that was gifted to a minor landlord, Babasaheb Desai, in 1953. Under the Bombay Tenancy and Agricultural Lands Act, 1948, tenants were deemed to purchase land on "tiller's day" (1 April 1957) unless the landlord was a minor, widow, or disabled, in which …

The plaintiff mortgagor filed five suits for redemption and actual possession of mortgaged land, contending that the mortgagees were not tenants and therefore could be evicted after redemption. The mortgagees argued that they were "deemed tenants" under Section 2A of the Bombay Tenancy Act, 1939 (as amended 1946) and t…

Savaliram Gotiram Teli was a tenant of agricultural land on the appointed day of 15 June 1955. He was dispossessed by the landlords before 1 April 1957 without a Section 29 order and died in 1959. The Mamlatdar initiated suo motu proceedings under Section 32(1‑B) of the Bombay Tenancy and Agricultural Lands Act, leadin…

The appellants, legal heirs of a landlord, sought possession of leased agricultural lands for personal cultivation after the landlord’s death. The landlord had issued a termination notice only for Survey No. 291, but the tenants occupied both Survey No. 291 and Survey No. 290/1‑2. Lower authorities differed on whether …

The appellant, a landlord who was a minor when he applied under Section 31(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 for possession of land for personal cultivation, had his application dismissed, making the tenant a deemed purchaser. Subsequent proceedings under Section 32‑G to determine the purchase p…

The dispute concerned six acres of land belonging to the Maruti Dev Temple, which had been let out to tenants who, on Tillers' Day (1 April 1957), became deemed purchasers under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948. The temple trust was registered as a public trust under the Bombay Public T…

The appellant, acting on behalf of a minor landlord who inherited agricultural land by will from his maternal grandmother, filed an eviction suit under Sections 29 and 31A(d) of the Bombay Tenancy and Agricultural Lands Act, 1948, claiming the land was required for personal cultivation. The tenants objected, arguing th…

The Supreme Court examined whether a 1958 government notification under section 88(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, which reserved lands within Baroda municipality for non‑agricultural/industrial use, rendered the Act's provisions inapplicable retrospectively, thereby extinguishing rights a…

The appellant, a tenant of agricultural land, cultivated the land personally and was deemed to have purchased it under the Bombay Tenancy and Agricultural Lands Act, 1948, but his purchase right was postponed because the landlord was a widow. The widow exercised her right under Section 31(1) to take possession of half …

The appellant, Dinkar Maruti Jadhav, sought termination of a tenancy under the Bombay Tenancy and Agricultural Lands Act, 1948, relying on a certificate issued to the deceased landlord under s.88‑C and proceedings initiated under s.33‑B for bonafide requirement and personal cultivation. The landlord died while the s.33…

The suit land was taken under Government management and leased by the Mamlatdar to the appellant for ten years (7 Dec 1951 – 6 Dec 1961). After the lease expired, the management was terminated on 27 July 1963 and the land was restored to the landlord. The appellant claimed that his continued payment of rent to the Maml…

Mugaji Laxman Padule, a long‑time tenant, held agricultural land that exceeded the ceiling area prescribed under the Bombay Tenancy and Agricultural Lands Act, 1948. In 1960 he purchased an additional parcel from the landlords for Rs 3,000, claiming that a prior partition had brought his holdings within the ceiling lim…

The appellant, a minor who succeeded his adoptive mother (a widow) as landlord, was involved in eviction proceedings under Section 31(3) of the Bombay Tenancy and Agricultural Lands Act, 1948. The mother died during the suit, which was later dismissed, and the appellant attained majority on 19 March 1968. The tenant is…

The case concerned a suit land that was a Paragana watan property leased to a permanent Mirashi tenant, Ramchandra, who mortgaged the land in 1947. The Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 later resumed the land to the Government, but the tenant's lease subsisted under the proviso to Section 3(3) a…

The case concerned agricultural land in Pune owned by a landlord who was a minor at the tiller’s day and later attained majority. The landlord served notice to terminate the tenancy under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948, but failed to commence possession proceedings under Section 29 wi…

The appeal concerned a parcel of agricultural land where the original landlord, a widow, died in 1999 and her successor-in-title failed to give notice under Section 31(3) within one year. The tenants, whose tenancy pre‑dated the 1957 amendment (Tillers' Day), sought to exercise their right to purchase under Section 32F…

The appellant, a tenant, challenged a High Court order that upheld the landlord’s right to eject him under the Bombay Tenancy and Agricultural Lands Act, 1948. The dispute centered on whether the tenant’s arrears of rent exceeded three years, which would invoke Section 25(2) of the Act, or whether relief under Section …

The appellants owned a 30,885‑sq‑yd plot registered as agricultural land but located within municipal limits. They obtained permission under Section 63 of the Bombay Tenancy and Agricultural Lands Act to sell the land for non‑agricultural use and sold it to a housing cooperative in May 1969. The Income‑Tax authorities …

The dispute concerned agricultural lands in Karnataka that were originally hereditary Watans. Basappa Bheemappa, the former Watandar, re‑granted the lands under the Bombay Watans (Abolition) Act and subsequently sold them to the tenants, Huchappa Yellappa Radder and his father, on 31 March 1969. The plaintiff, Ningappa…

The appellant, an agricultural tenant, occupied a four‑acre plot that the deceased original owner had repeatedly agreed to sell to various parties, including the plaintiff who paid part consideration but the sale deed was never executed. The plaintiff sued for specific performance of the sale agreement; the trial court…

The appellant, K.D. Dangde, was a tenant of agricultural land owned by Anjanabai, a widow and member of a joint family, from before 1 April 1957. A partition suit in 1961 resulted in the land being allotted to Anjanabai, who later applied for an exemption certificate under Section 88C of the Bombay Tenancy and Agricult…

The land originally owned by Lilachand Bhandari was hypothecated to Hirachand in 1942. Hirachand leased the land to respondents No.2 and No.3 in 1947‑48, making them tenants under the Bombay Tenancy and Agricultural Lands Act, 1948. Respondent No.2 purchased the equity of redemption on 27 December 1949, thereby becomin…

The first respondent filed a suit claiming ownership and possession of a disputed parcel of land, alleging that his father had relinquished his rights and later sold the land to the appellant. The appellant contended that the father had taken loans, created a mortgage, and granted a 60‑year lease, making the appellant …

The appellants, owners of agricultural lands, had leased the lands to Saswad Mali Sugar Factory Ltd., a commercial undertaking approved under Section 43A(1)(a) of the Bombay Tenancy and Agricultural Lands Act, 1948. The lease deed expressly permitted the factory to sub‑let the lands, and the sub‑lessees cultivated the …

The landlords leased agricultural land to the respondents for ten years (1950‑60). After the lease expired, the landlords sought possession under the Bombay Tenancy and Agricultural Lands Act, 1948, but the application was dismissed because the land was only natural grass. They then terminated the tenancy under the Lan…

The appellant, a tenant, claimed that he became a deemed purchaser of the land under Section 29 read with the first proviso of Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, after the landlord's application for possession was rejected. The landlord, a minor who attained majority, had filed an applic…

The predecessor of the appellants, a landlord, obtained an exemption certificate under Section 88C(4) of the Bombay Tenancy and Agricultural Lands Act, 1948 because his annual income as of 1 April 1957 was below Rs 1500. The High Court upheld the certificate. After the certificate was granted, the appellants gave notic…

The case concerned a 16‑acre agricultural plot in Ahmednagar where, under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, the tenant Janardhan became a "deemed purchaser" on the tiller's day of 1 April 1957. The landlord Tarachand Chopra later died leaving a will in favour of his minor son Ashoklal, …

The appellant, Tribhovandas Haribhai Tamboli, leased agricultural land and, under Section 32(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, became a deemed purchaser from tillers' day (1 April 1957). Because the landlord was a lunatic, his purchase right was deferred under Section 32‑F until the landlord’s …

The appellant, a tenant, sought restoration of possession of agricultural land after the landlord's widow took possession following a termination under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948. The widow leased the land to another tenant within eleven years and eleven months of taking possessio…

The landlord, Prabhu, sold his 3‑acre agricultural land to the fourth son of tenant Rau on 27‑April‑1961, while another son, Mahadu, sold his share to H.R. Patel on 11‑May‑1966. The Tahsildar, under section 32G of the Bombay Tenancy and Agricultural Lands Act, later declared the fourth son the purchaser and issued a ce…

The appellant, daughter of the original landowner, sought redemption of a mortgage executed in 1941. The mortgagee had inducted a tenant, who was entered in revenue records and later received a certificate under s.88C of the Bombay Tenancy and Agricultural Lands Act, 1948. After redemption, the appellant attempted to e…

Laxmi Bai, a widow and member of a joint family, filed an appeal challenging the termination of tenancy she gave to the predecessor-in-title, Dayanu, on June 24, 1960, alleging that the tillers' day under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 should have been postponed for her as a widow. Th…

The appeal concerned the interpretation of Sections 33-B and 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, in a dispute between a landlord and a tenant. The landlord had sought possession under Section 33-B, while the tenant contested on the ground of lack of bona‑fide requirement and personal cultivatio…

The plaintiff filed a suit for redemption of properties mortgaged to the defendant under deeds of mortgage dated 1961, alleging that the defendants were in possession as tenants. The defendants claimed they were tenants of the agricultural lands under the Bombay Tenancy and Agricultural Lands Act, 1948, and that the mo…

The appellant, Arun Kumar, owned two parcels of land (Survey No.179 and Survey No.106) that were previously tenanted by respondent No.2, who executed a deed of surrender in 1955. All documentary evidence, including the surrender deed, statements before the Tehsildar, possession certificate, and mutation entries, indica…

The appellants sought possession of land occupied by the respondents, who claimed status as protected tenants under the Bombay Tenancy Act, 1939. The dispute turned on whether tenants residing in areas covered by clause (c) of section 88(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 retained that protected …

The appellants, heirs of Somabhai Kanjibhai Baria, were tenants of watan lands that were abolished by the Gujarat Watans Abolition Act, 1961 and later re‑granted to the respondent in 1966. The tenancy was terminated on 31 March 1961 and a suit for possession was filed on 14 August 1962. The civil court, relying on Sect…

The decree-holder firm obtained a money decree against a judgment debtor and, during execution, the debtor's agricultural land was attached and auctioned, with the firm emerging as the successful bidder. The heirs of the debtor filed an objection under Section 47 of the CPC, alleging that the sale violated Section 63 o…

The landlord, a serving member of the armed forces, filed a tenancy case under Section 43‑IB of the Bombay Tenancy and Agricultural Lands Act, 1948 seeking resumption of land from the tenants. The High Court, after remand, held that the partition of the joint family lands in 1944 was conclusive and that land owned by t…

The case concerned a certificated landlord who, after obtaining an exemption certificate under s.88-C of the Bombay Tenancy and Agricultural Lands Act, 1948, sought possession of land from excluded tenants under s.33-B, claiming he needed it for personal cultivation. The tenants challenged the landlord's claim, arguing…

Five couples entered into an agreement to jointly purchase about 172 acres of agricultural land in Gujarat, solely to simplify negotiations and later divide the land among themselves, with no intention of joint cultivation. After purchase they partitioned the land and obtained separate mutation entries. The Mamlatdar h…

The Bombay government assumed management of certain agricultural lands in 1949 and terminated it in 1957. After termination, the tenant (first respondent) held a non‑permanent tenancy and, under Section 88(1)(d) proviso (b) of the Bombay Tenancy and Agricultural Lands Act, 1948, had a one‑year window (until 1 Oct 1959)…

Rukhamanbai, a life‑tenant under a 1930 deed of settlement, leased agricultural land to five tenants. The tenants sought price determination from the Agricultural Lands Tribunal under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, claiming they were "deemed tenants" under Section 4 and would become…

In a suit for possession filed by the rival reversioners, the appellants, who were the landlords, were defendants. The respondents had remained in possession for over twelve years, thereby acquiring title by adverse possession, and the appellants had also entered into a tenancy agreement with them, which under Section …

The State of Maharashtra acquired land for an electricity sub‑station under the Land Acquisition Act, 1894, awarding Rs 5,000 per acre but deducting one‑third of the amount as interest per a 1972 government circular. The landowner challenged this deduction, and while the appellate court upheld it, the Bombay High Court…

The appellant claimed that lands granted to his ancestor as remuneration for patelship were service inam and not liable to resumption under the Gujarat Patel Watans Abolition Act, 1961 or the Resumption Rules, 1908. The Collector, invoking Rule 4 of the Resumption Rules, classified part of the lands as service inam and…