VidhiSangh

Supreme Court of India · 12/02/2019

BAYAJI SAMBHU MALI @ BORATE(D) THROUGH LRS. versus NAZIR MOHAMMED BALAL ZARI THROUGH GPA HOLDER & ORS.

[2019] 3 S.C.R. 968 · 2019 INSC 183

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Summary

The tenant acquired deemed-purchaser status when the formerly minor landlord’s application for possession was finally rejected. He did not have to exercise a fresh purchase right by giving notice under Section 32F(1A). The authorities wrongly discounted the earlier proceedings on the basis of a discrepancy in dates despite documentary evidence, including certified copies produced in review. The High Court decisions were set aside and the Collector’s order in the tenant’s favour restored.

Issues

  1. Whether a tenant became a deemed purchaser upon rejection of the landlord’s possession proceedings or had to give notice under Section 32F(1A).

Provisions considered

Held

Result

Appeals allowed; High Court decisions set aside and Collector’s order restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2019] 3 S.C.R. 968.