Bhagwant Pundalik & Anr. v. Kishan Ganpat Bharaskal & Ors.
Case brief
What is this about?
Supreme Court of India, Civil Appeals Nos. 1409 and 1721 of 1966, decided October 19, 1970 ([1971] 2 S.C.R. 657), Shah J.: validity of surrender of tenancy under s. 20, Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act 1958 - surrender must be in writing and verified before the Tahsildar; s. 36(2) bars landlord from obtaining possession except under a Tahsildar's order; consensual/voluntary delivery of possession by tenants does not defeat their right to restoration under s. 36(1); unlawful eviction; restoration of possession to tenants Kishan and Manik against lessee Bhagwant; Madhao s/o Tatya Sonar v. Maharashtra Revenue Tribunal followed; appeals dismissed without costs.
What did the court decide?
Both appeals failed and were dismissed with no order as to costs; the appellant was permitted to reap the standing crops and was given one month's time from the date of the judgment to deliver possession of the lands.