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Supreme Court of India 2017-11-16 allowed

Sakharam Ganesh Pujari (D) Thr. His Lrs vs Husen Aba Bahadur (D) By His Lrs. and Anr

Bench: 2 — S.A. Bobde

In Brief

A landlord who served in the Armed Forces until 1959 failed to terminate his tenant's right within one year of retirement. The tenant similarly failed to exercise the right to purchase the land within the stipulated period. Both rights thus became extinguished. In 1964, the Act was amended adding Chapter IIIA, which gave tenants additional purchase rights. The tenant argued this amendment allowed him to purchase. The Supreme Court held that the 1964 amendment did not apply retrospectively and had no bearing on tenancies where rights had already expired before its enactment. The appeal was allowed and proceedings under Section 32P for resumption and disposal of land were directed to proceed.

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Agricultural Law Tenancy Property Law Statutory Interpretation Retrospective Application

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