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Supreme Court of India 2019-02-12 allowed

BAYAJI SAMBHU MALI @ BORATE(D) THROUGH LRS vs NAZIR MOHAMMED BALAL ZARI THROUGH GPA HOLDER & ORS

Bench: 2 — Ashok Bhushan, K.M. Joseph

In Brief

A tenant sought to assert his right to purchase land under the Bombay Tenancy and Agricultural Lands Act, 1948. The landlord, a minor, had filed an application for possession within one year of attaining majority, which was rejected at all judicial levels. The key legal issue was whether the tenant needed to formally notify the landlord and tribunal under Section 32F(1A) to establish his purchase right. The Supreme Court held that where an application for possession is rejected, the tenant acquires deemed purchaser status automatically under Section 32, making Section 32F formalities unnecessary. The Court allowed the appeal, holding that deemed status and the right to purchase under Section 32F are mutually exclusive, and no further action was required from the tenant.

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Tenancy Law Landholding Rights Agricultural Land Statutory Interpretation Civil Procedure

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