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Supreme Court of India 2019-11-14 dismissed

Rameshchandra Daulal Soni & Anr vs Devichand Hiralal Gandhi (Dead) Thr. Lrs. Smt. Gulabbai Devichand Gandhi & Ors

Bench: 3 — <UNKNOWN>

In Brief

The Supreme Court dismissed two civil appeals arising from an eviction suit. The defendant contended that an entry in a revenue extract (7/12) naming a predecessor constituted proof that a new landlord had been appointed by operation of law under the Maharashtra Tenancy Act, thereby ousting the Civil Court's jurisdiction. The Court held that mere existence of an entry in revenue records, without procedural compliance and without timely raising the contention in the suit, is insufficient to transfer landlord status or bar civil jurisdiction. Additionally, as the property was located within a Town Planning Scheme in Ahmednagar Municipal area, it ceased to be agricultural property, making tenancy protections inapplicable.

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Property Law Landlord and Tenant Eviction Agricultural Tenancy Civil Procedure

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