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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 served in the armed forces and retired in 1959. Under the Bombay Tenancy and Agricultural Act, 1948, he had the right to terminate a tenant's occupation, and the tenant had the right to purchase the land—both within specified periods from retirement. Neither exercised these rights within the prescribed timeframe. In 1964, the Act was amended to introduce Chapter IIIA, providing extended periods to exercise such rights. The High Court held that Chapter IIIA applied, allowing the tenant to purchase. The Supreme Court reversed, holding that Chapter IIIA does not apply retrospectively and cannot revive rights that had already expired before the amendment came into force. The Court allowed the landlord's appeal and directed the authority to proceed with resumption proceedings under Section 32P."

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Agricultural Law Tenancy Rights Land Law Statutory Interpretation Retrospective Legislation

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