Search Results for "Section 38E"

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Search Results for "Section 38E"

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High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Exceeds Jurisdiction Under Maharashtra Land Revenue Code. Tahsildar Cannot Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy and Agricultural Land Act, 1950, as Such Power Lies Only with Revenue Tribunal or Civil Court.

16 Oct 2025

The petitioners, legal heirs of tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Tahsildar, ...

High Court

Bombay High Court Quashes Tahsildar's Order Cancelling Mutation Entries in Tenancy Land Dispute — Held That Tahsildar Lacks Jurisdiction to Cancel Certificate Issued Under Section 38(E) of Hyderabad Tenancy Act After 65 Years Without Notice to Affected Parties. The court held that the certificate under Section 38(E) of the Hyderabad Tenancy and Agricultural Land Act, 1950 attains finality and cannot be cancelled by the Tahsildar after such a long lapse of time, and the order was passed in violation of natural justice.

16 Oct 2025

The petitioners, legal heirs of original tenants Ganpati Kundlik Kurule and Abaji Ramji Jadhav, challenged the order dated 04.09.2025 passed by the Ta...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Mutation Entries Under Maharashtra Land Revenue Code — Mutation Entries Do Not Confer Title and Are Only for Fiscal Purposes. The court held that writ petitions against mutation entries are not maintainable when alternative remedy under Section 247 of MLRC is available.

5 Dec 2023

The judgment involves three writ petitions challenging mutation entries in revenue records. The petitioners in WP 9745/2011, WP 2755/2023, and WP 289/...

Supreme Court

Supreme Court Upholds Interim Injunction in Property Dispute Based on Tenancy Act Certificate. Section 38E Certificate Under Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 Confers Ownership, Overriding Subsequent Transfers.

16 Dec 2021

The respondent-plaintiff filed a suit for declaration of ownership, declaration that a Gift Settlement Deed dated 24.07.1987 in favour of the petition...

Supreme Court

Supreme Court Dismisses Appeals in Land Tenancy Dispute, Upholding Protected Tenant's Ownership Rights. Oral Surrender of Protected Tenancy Rights Held Invalid Under Section 19 of Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950, and Occupancy Rights Granted in 1982 Annulled as Ownership Had Already Vested in Protected Tenant Under Section 38-E from 1973.

1 Oct 2021

The dispute concerned conflicting claims over agricultural land between the legal heirs of a purchaser and a protected tenant. The purchaser's predece...

High Court

Bombay High Court Allows Tenant's Petition in Tenancy Dispute Over Delayed Payment of Purchase Price. Belated payment with interest and penalty before landlord's application does not render sale ineffective under Bombay Tenancy and Agricultural Lands Act, 1948.

29 Jul 2019

The petitioners, Baburao Pandurang Madane and Vithal Pandurang Madane, were tenants of agricultural land survey No. 39/1 at village Kusmod, Taluka Mal...

High Court

Bombay High Court Allows Landlord's Eviction Petition Under Bombay Tenancy and Agricultural Lands Act, 1948 — Tenant's Claim of Tenancy Rights Rejected as Landlord's Need for Personal Cultivation Established. The court held that the tenant's claim of purchase under Section 32 was barred by limitation and the landlord's bona fide need for personal cultivation under Section 31 was proved.

27 Jul 2017

The judgment concerns two writ petitions filed by Bharat and Abhay Kulkarni (brothers) against orders of the Maharashtra Revenue Tribunal (MRT) confir...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Declaration of Ownership and Injunction — Concurrent Findings of Fact Not Interfered With Under Section 100 CPC. Court held that the appellants failed to prove their title over the suit property and that the sale deed executed by the original owner in favor of the respondents was valid.

23 Dec 2014

The appellants, original plaintiffs, filed a suit for declaration of ownership and permanent injunction in respect of agricultural land. They claimed ...

High Court

Bombay High Court Allows Tenant's Writ Petition Challenging Refusal to Issue Certificate of Purchase Under Bombay Tenancy Act. The Court held that the tenant's right to purchase land under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 is not barred by limitation despite delay in issuance of certificate, and the Mamlatdar's order was perverse.

4 May 2011

The petitioner, Mesaji S/o Laxman Ubare, was a tenant of agricultural land owned by the respondents. He claimed to have become a deemed purchaser of t...

High Court

Bombay High Court Dismisses Petition Challenging Revenue Tribunal Order in Land Mutation Dispute. Mutation Entry Does Not Confer Title; Dispute Over Succession Rights to Agricultural Land Requires Civil Court Adjudication.

1 Feb 2010

The petitioners, legal heirs of Yeshwant Jadhav, filed a writ petition challenging an order of the Maharashtra Revenue Tribunal, Aurangabad, which set...

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