In Brief
A deceased tenant under the Bombay Tenancy and Agricultural Lands Act bequeathed agricultural land to the appellant through a will. The appellant sued for declaration of ownership and possession. The High Court rejected the claim, reasoning that Section 57 of the Act prohibits all transfers of such land and that a deemed owner's rights are personal and non-inheritable. The Supreme Court reversed the High Court, holding that Section 57 restricts only sales, gifts, exchanges, mortgages, leases and assignments—not devolution by will. Devolution by will is not a 'transfer' but a mode of succession. The Court rejected the view that a deemed owner's rights are purely personal, holding they can devolve by inheritance. The appeal was allowed."
The lawyer headnote and full judgment text are available to registered users.