Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1977 (1) TMI SC This

  • Login
  • Referred In
  • Summary

Forgot password       New User/ Regiser

⇒ Register to get Live Demo



 

1977 (1) TMI 161 - SC - Indian Laws

Issues Involved:
The issues involved in this case are the validity of the notice terminating tenancy, determination of reasonable rent, and the status of the tenants as recognized by the landlord.

Validity of Notice Terminating Tenancy:
The case involved a dispute regarding the validity of the notice of termination of tenancy given by the landlord to the tenants. The Revenue Tribunal and the High Court found that the respondents were independent tenants of separate parts of the land in dispute, as evidenced by various factors such as the entry in the record of rights, separate rent payments by the tenants, and the landlord's actions in seeking declarations and issuing termination notices. The courts upheld the findings based on these established facts and circumstances.

Determination of Reasonable Rent:
Another issue in the case was the determination of reasonable rent for the disputed land. The Mamlatdar held that the agreed rent of &8377; 320 per year, payable by the three tenants, was also the reasonable rent. The Special Deputy Collector, however, remanded the matter for a fresh determination of reasonable rent. Ultimately, the Revenue Tribunal upheld the Mamlatdar's decision that the reasonable rent was correctly fixed at &8377; 320 per year, leading to the dismissal of the landlord's appeals.

Status of Tenants as Recognized by Landlord:
The case also revolved around the status of the tenants as recognized by the landlord. The Mamlatdar found that the tenants were independent and not joint tenants of the land in question. This finding was crucial in determining the rights and responsibilities of the tenants in relation to the landlord. The Special Deputy Collector initially held that the tenants continued to be sub-tenants of one of the respondents, but this decision was overturned by the Revenue Tribunal, which affirmed the tenants' status as separate tenants under the landlord.

In conclusion, the Supreme Court dismissed the appeals challenging the judgments of the Revenue Tribunal and the High Court. The Court found no legal infirmity or error in the decisions of the lower courts, emphasizing the well-established principle of not interfering unless there are fundamental violations of justice or law. The Court upheld the findings regarding the tenants' status, rent determination, and validity of the termination notice, leading to the dismissal of the appeals without costs.

 

 

 

 

Quick Updates:Latest Updates