SAU SARASWATIBAI TRIMBAK GAIKWAD Vs. DAMODHAR D MOTIWALE AND ORA
LAWS(SC)-2002-3-77
SUPREME COURT OF INDIA (FROM: BOMBAY)
Decided on
March 22,2002
SAU.SARASWATIBAI TRIMBAK GAIKWAD
Appellant
VERSUS
DAMODHAR D.MOTIWALE
Respondents
Referred Judgements :-
DAHYA LALA VS. RASUL MAHOMED ABDUL RAHIM [REFERRED]RENTALA LACHALAH VS. CHIMMAPUDI SUBRAHMANYAM [REFERRED]
GOPALA GENU WAGALE VS. NAGBSHWARDEO PATAS ABHISHEKH ANUSTHAN TRUST [REFERRED]
RUKHAMANBAI VS. SHIVRAM [REFERRED]
Cited Judgements :-
UNION OF INDIA VS. DISTRICT JUDGE [LAWS(GAU)-2006-4-28] [REFERRED TO]SUDHAKAR SHANTILAL MODIA VS. S S PANDVI [LAWS(GJH)-2016-6-249] [REFERRED TO]
J. K. DALL MILL VS. NEW INDIA ASSURANCE [LAWS(NCD)-2019-7-14] [REFERRED TO]
MAQBOOL MOHMED CHAUHAN VS. DY COLLECTOR-BHARUCH 5 [LAWS(GJH)-2008-9-210] [REFERRED TO]
MAINABAI W/O RANGNATH PATANKAR VS. KUNDALIK S/O DHONDIBA KALADHONE [LAWS(BOM)-2018-12-23] [REGERRED TO]
PANDHARINATH VS. CHAITANYA KASHINATH PATIL [LAWS(BOM)-2020-4-45] [REFERRED TO]
MAHADAPPA SANGAPPA BHANGE VS. SHIVAJI NARSU DHORMARE [LAWS(BOM)-2010-5-50] [REFERRED TO]
KRISHNA BHAU MAHADIK AND ORS. VS. BHANUDAS NANA MAHADIK [LAWS(BOM)-2015-4-269] [REFERRED TO]
NARAYAN AND ORS. VS. VISHWAMBHAR AND ORS. [LAWS(BOM)-2015-8-228] [REFERRED TO]
SHRI DATTATRAY GANPATRAO SURVE VS. HEERABEN [LAWS(GJH)-2022-12-1665] [REFERRED TO]
SHESHRAO S O GURAPPA BOLEGAVE VS. SHTVRAM S O AMRUTRAO PATEL [LAWS(BOM)-2004-10-9] [REFERRED TO]
BHIMA ABA RADE VS. THAKUBAI MARUTI RADE [LAWS(BOM)-2007-9-47] [REFERRED TO]
BHIKHUMIYA GURUMIYA VS. USMANKHAN MISRIKHAN PATHAN [LAWS(GJH)-2012-12-54] [REFERRED TO]
MANORAMA VS. MAROTRAO TANBA [LAWS(BOM)-2023-1-246] [REFERRED TO]
PUSHPALATA NARAYAN THORBOLE VS. PURSHOTTAM DATTATRAY PRABHU [LAWS(BOM)-2018-10-47] [REFERRED TO]
SHAJADI BEGUM VS. JOINT COLLECTOR MEDAK [LAWS(APH)-2007-2-82] [REFERRED TO]
BD AND P HOTELS INDIA P LTD VS. DISTRICT JUDGE JHUNJHUNU [LAWS(RAJ)-2010-11-13] [REFERRED TO]
SHRI CHINDHU FAKIRA SATALE VS. SAU.VITHABAI KASHINATH JADHAV [LAWS(BOM)-2016-10-9] [REFERRED TO]
RAMU PANDU GAVADE VS. RAMCHANDRA VISHNU KULKARNI [LAWS(BOM)-2006-10-59] [REFERRED TO]
SAU. MANORAMA VS. MAROTRAO TANBA [LAWS(BOM)-2023-1-148] [REFERRED TO]
LAXMAN S/O SHANKAR BANDGAR VS. VENKAT [LAWS(BOM)-2014-4-91] [REFERRED TO]
CHAVALI RANGA REDDY VS. CHAVALI SESHA REDDY [LAWS(APH)-2007-2-74] [REFERRED TO]
JUDGEMENT
-
(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).
(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).
Copyright © Regent Computronics Pvt.Ltd.