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Supreme Court of India 2019-02-12 allowed

BAYAJI SAMBHU MALI @BORATE(D) THR. LRS vs NAZIR MOHAMMED B.ZARI THR.POA HOLD

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A tenant challenged the dismissal of his statutory claim to purchase agricultural land under tenancy laws. The landlord, initially a minor, filed an application seeking possession for personal cultivation after attaining majority, but this application was rejected at all three levels of adjudication. The Supreme Court held that rejection of the landlord's possession application automatically confers deemed purchaser status on the tenant, operating by force of law without any requirement for the tenant to issue notice or take further action. The Court distinguished between two mutually exclusive statutory regimes and held that the tenant need not comply with notice requirements under Section 32F when the landlord's claim has been comprehensively rejected through the judicial process.

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Agricultural Law Tenancy Land Ownership Statutory Interpretation Bombay Tenancy and Agricultural Lands Act

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