In Brief
A permanent tenant sought redemption of mortgaged watan land after the Government resumed it under the Bombay Hereditary Offices Abolition Act. The Supreme Court held that permanent tenants' rights over watan land survive governmental resumption under the Act's proviso. Although tenancy laws are subordinate to the Abolition Act, the tenant's rights subsist and are governed by tenancy legislation. The mortgagor's failure to pay occupancy price within the prescribed period does not extinguish his fundamental tenancy and redemption rights. The Court upheld the High Court's decree granting the mortgagor redemption, dismissing the appeal.
The lawyer headnote and full judgment text are available to registered users.