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Supreme Court of India 2018-12-14 remanded

Vasant Ganpat Padave (D) By Lrs. & Ors vs Anant Mahadev Sawant (Dead) Thru Lrs. & Ors

Bench: 2 — Ashok Bhushan

In Brief

The Supreme Court addressed a dispute under the Maharashtra Tenancy and Agricultural Lands Act, 1948 concerning a tenant's right to purchase agricultural land when the landlord was a widow on Tillers Day (1.04.1957). The tenant's predecessor was a tenant before 1957, and the purchase was suspended because the landlady was a widow. The tenant sought to purchase after learning of the landlady's death in 2008, but lower courts rejected the claim as filed outside the prescribed period. The Court found that the 1969 amendment imposed a statutory obligation on landlords to notify tenants, aimed at enabling tenant rights. Concluding that the statutory period is not one of limitation but a reasonable period commencing from tenant's knowledge, and that tenant rights must be made meaningful and effective, the Court referred the matter to a larger Bench for reconsideration of earlier precedents.

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Agricultural Land Law Tenancy Law Statutory Rights of Tenants Property Law Constitutional Law - Agrarian Reform

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