VidhiSangh

Supreme Court of India · 25/02/2020

SITABAI SHANTARAM TALAWNEKAR & ORS. versus CUSTODIAN OF EVACUEE PROPERTY & ORS.

[2020] 3 S.C.R. 1007 · 2020 INSC 222

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Summary

The Supreme Court rejected a tenancy claim over evacuee property in Goa. The 1989 amendment extended agricultural tenancy protections to agricultural land and tenancies created by the Custodian, but the claimant established no such relationship. Deemed tenancy during the relevant statutory period was unsupported by acceptable evidence, and an alleged oral settlement could not establish a transfer without the Custodian’s prior approval. The declaration of tenancy was set aside.

Issues

  1. Whether the claimant established protected tenancy or deemed tenancy over the evacuee land.
  2. Whether an alleged oral settlement supported tenancy rights without prior approval of the Custodian.

Provisions considered

Held

Result

Appeals allowed; impugned orders set aside and the tenancy application dismissed. Contempt petitions closed.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 1007.