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Supreme Court of India 2023-10-19 allowed

YEOLE (D) BY LRS vs MURALIDHAR (D) & ORS

Bench: 2 — S. Ravindra Bhat, Aravind Kumar

In Brief

The appellants, heirs of a deceased landlord, sought to resume sugarcane cultivation land (26 acres 13 guntas) that had been leased to tenants for 13 years under two deeds dated 1962. After lease expiration and an eviction notice, possession disputes arose. The Supreme Court held that the landlord's holding (13 acres) did not exceed one economic unit and his livelihood was principally agricultural. Therefore, Section 33B(5)(b)—not Section 31A-31D—applied. The Court entitled appellants to 8.34 acres of leased land in Survey No. 291, calculated to ensure equal total holdings for personal cultivation by both landlord and tenant. The High Court's remand order based on the landlord's death was set aside as erroneous.

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Agricultural Tenancy Land Holding and Economic Holding Resumption of Tenanted Land Landlord Rights Personal Cultivation Tenancy Termination Agricultural Land Law Bombay Tenancy Act

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