Writ petition challenging rejection of tenancy claim dismissed. Court found petitioner failed to prove land was given on batai basis. Reliability of evidence is matter of concurrent findings of fact which cannot be interfered under Article 227.
Writ petition dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.
Court's or Judge's orders
WRIT PETITION NO. 7948 OF 2010
KISHAN RAJARAM KADAM LRS DAGADABAI KISAN KADAM AND ORS
VERSUS
RANJANABAI SURYABHAN MAHADIK AND ORS
Advocate for Petitioners : Mr. P.R.Katneshwarkar Mr. Dhengle S.A.Advocate for Rno. 3 To 9 1 And 2 Served
CORAM : S V GANGAPURWALA, J. Dated: November 21, 2011
PER COURT :-
FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.
Court's or Judge's orders
FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.
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that, there was admission. There cannot be a tenancy between a land lord and his nephew. Same is barred by Section 5 of Hyderabad Tenancy and Agricultural Lands Act. Learned Counsel relied on the judgment of learned Single Judge of this Court in the Case of Syed Ibrahim Syed Ashraf and another Vs. Zamarrudbi Nizamuddin and others reported in 1990 Mh.L.J. 631. Learned counsel further contends that all courts have concurrently held that the petitioner has failed to prove his alleged tenancy and as such concurrent findings of fact cannot be interfered with in the Writ Jurisdiction under Article 227 of the Constitution of India.
FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions & Registrar's orders.
Court's or Judge's orders
land was given to him on batai basis. Alleged compromise in RCS No.135/1976 relied by the petitioner also would not be of any aid to the petitioner in view of the fact that though said compromise was entered into, the present respondent No.2 had immediately resiled from the said compromise and refused to verify it.
( S V GANGAPURWALA, J. )
aaa/-
2 issues framed by the court
Whether petitioner has established tenancy on batai basis despite authorities finding against him consistently.
Whether a landlord can have a tenant relation with his nephew under Hyderabad Tenancy and Agricultural Lands Act.
Kishan Rajaram Kadam LRS
Ranjanabai Suryabhah Madhik
S V Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
