SAU SARASWATIBAI TRIMBAK GAIKWAD Vs. DAMODHAR D MOTIWALE AND ORA
SUPREME COURT OF INDIA (FROM: BOMBAY)
SAU.SARASWATIBAI TRIMBAK GAIKWAD
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(1.)This Appeal is against the judgment of the Bombay High Court dated 23rd August, 1999.
(2.)Briefly stated the facts are as follows :
One Narayan Motiwale was the owner of certain pieces of land. He had a son named Dattatraya and a daugther named Tarabai. On the death of Narayan Motiwale, Dattatraya became the owner of the properties. By a registered Settlement Deed dated 12th January, 1927, Dattatraya gave Survey Nos. 21/3, 20 and 20/1 to his sister Tarabai as she was poor and unable to maintain herself. The said Deed of Settlement, inter alia, provided as follows :
"Land bearing No. 21 and the well in the same is given to along with trees and things thereon has been given to your possession for maintenance until life. Therefore you may cultivate the said land by paying the Government assessment for maintenance. After your lifetime the land shall again come to me or to my heirs."
Pursuant to the Deed of Settlement the name of Tarabai was entered in the revenue records as a Kabjedar.
(3.)Tarabai leased out one piece of land to a tenant in 1968. Dattatraya filed Suit No. 362 of 1969 against Tarabai for a declaration that he was the owner of the land in question and that Tarabai had only a limited interest and therefore could not lease out the land. In the meantime the tenant to whom the Tarabai had leased out the land applied for tenancy rights under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter called the said Act).
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