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Supreme Court of India 2024-03-14 dismissed

Baban Balaji More (Dead) by LRs. & others vs Babaji Hari Shelar (Dead) by LRs. & others

Bench: 2 — Sanjay Kumar, C.T. Ravikumar

In Brief

This case concerned three vintage Maharashtra statutes governing hereditary offices (Watan), agricultural tenancy, and abolition of revenue patels. The Supreme Court held that after the death of a Watandar in 1958, his heirs could not recover tenanted Watan lands from long-standing tenants under the Hereditary Offices Act because the Tenancy Act had become applicable. A tenancy lawfully subsisting on 01.04.1957 remained protected under tenancy law, entitling tenants to statutory purchase rights once the Abolition Act took effect in 1963. The three legislations must be harmoniously construed, with the Tenancy Act governing the terms of possession and recovery. Physical possession delivered before final determination did not terminate the tenancy. The appeal dismissing the heirs' claims was accordingly upheld.

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Landlord and Tenant Law Hereditary Offices and Watan Property Agricultural Land Reform Statutory Tenancy Rights Succession and Inheritance Harmonious Construction of Statutes Procedural Rights and Remedies Government Land and Service Tenure

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