Supreme Court · 2005 INSC 20 · Decided 10 January 2005

Papila Bai v. Chavdas T. Bhortakke (Dead) BY LRS. and ORS.

Court
Supreme Court of India
Citation
2005 INSC 20 · [2005] 1 S.C.R. 215
Case number
CIVIL APPEAL No. 800/2000
Decided
10 January 2005
Bench
SHIVARAJ V. PATIL, B.N. SRIKRISHNA (2-judge bench)
Outcome
Dismissed
Case type
Civil

Headnote

Bombay Tenancy and Agricultural Lands Act, 1948: ss. 4 and 88C- 'Deemed tenant '-Mortgagee in possession inducting a c person as tenant to cultivate the land-Said person got his name entered in the revenue records as tenant-Certificate u/s 88C granted showing daughter of mortgagor as landlady and that there being no express provision in mortgage deed empowering mortgagee to induct a tenant, any person so D inducted would be a trespasser and would not become a deemed tenant- Held, in the instant case, land-owner had obtained a certificate u!s 88C showing the person inducted by

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