Trimbak Damodhar Raipurkar v. Assaram Hiraman Patil and Ors.

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Supreme Court of India, Civil Appeal No. 190 of 1961 (special leave), decided November 29, 1961; reported [1962] Supp. S.C.R. 700; bench Gajendragadkar, Sarkar, Wanchoo, Das Gupta and Rajagopala Ayyangar JJ., judgment by Gajendragadkar J. Termination of statutory tenancy of agricultural land in East Khandesh; effect of notice given March 11, 1952 before commencement of Bombay Act 33 of 1952; whether the amending provisions (one year's notice, bona fide personal cultivation as main source of income, automatic renewal for successive ten-year periods, verified surrender) operate retrospectively; accrual of the landlord's right to eject only on expiry of the lease, not on service of notice; distinction between existing rights and vested rights; statute operating in futuro affecting existing rights is not retrospective. Statutes: Bombay Tenancy Act 1939 s. 23(1)(b); Bombay Tenancy and Agricultural Lands Act 1948 ss. 5, 14(2), 34, 88; Transfer of Property Act 1882 s. 116; Article 227, Constitution. Cases: West v. Gwynne [1911] 2 Ch. 1 (applied); Durlabbhai Fakirbhai v. Jhaberbhai Bhikabhai (1955) 58 Bom. L.R. 85 (applied); Jivabhai Purshottam v. Chhagan Karson [1962] 1 S.C.R. 568 (referred); Sakharam v. Manikchand Motichand Shah (distinguished, name OCR-garbled). Forums below: Mamlatdar Raver (East Khandesh), appellate authority, Bombay Revenue Tribunal, Bombay High Court (Art. 227). Result: appeal dismissed with costs; the view of the Mamlatdar and appellate authority, restored by the High Court, stands.