VidhiSangh

Supreme Court of India · 14/03/2024

BABAN BALAJI MORE (DEAD) BY LRS. & OTHERS versus BABAJI HARI SHELAR (DEAD) BY LRS. & OTHERS

[2024] 3 S.C.R. 593 · 2024 INSC 203

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Watandar’s heirs could not terminate protected agricultural tenancies simply by invoking the hereditary-offices law after his death. These lands were not exempt Government lands, and the Tenancy Act’s possession and termination procedures applied. Earlier dispossession under an order still under challenge did not finally extinguish the leases. Abolition removed the limited purchase exemption, and statutory purchase became operational upon regrant in 1964. The heirs’ appeal was dismissed, without deciding present land-use restrictions or inter se disputes.

Issues

  1. Whether the hereditary-offices provisions displaced the Tenancy Act’s protections.
  2. Whether physical dispossession under a challenged order ended the tenancies.
  3. What effect abolition and regrant had on statutory purchase rights.
  4. Whether the State revision and unresolved present-day disputes affected the result.

Provisions considered

Held

Result

Appeal and pending applications dismissed; High Court judgment upheld. Historical tenancy and statutory-purchase rights recognised, with purchase operational from the 1964 regrant. Present restrictions and inter se disputes left unaffected; parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2024] 3 S.C.R. 593.