VidhiSangh

Supreme Court of India · 16/11/2017

SAKHARAM GANESH PUJARI (D) THR. HIS LRS versus HUSEN ABA BAHADUR (D} BY HIS LRS.& ANR.

[2017] 11 S.C.R. 229 · 2017 INSC 1298

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Summary

A landlord who retired from the Armed Forces in1959 challenged the High Court’s recognition of a tenant’s continuing purchase right under a chapter introduced in1964. The Court held that the amendment did not retrospectively revive rights whose statutory periods had already expired, and directed continuation of Section32P action.

Issues

  1. Whether ChapterIIIAA introduced in1964 applied after the relevant termination and purchase periods had expired following retirement in1959.
  2. Whether V.S.Charati governed the materially earlier retirement in this case.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and appropriate authority directed to proceed under Section32P.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 229.