Supreme Court of India
Baban Balaji More (dead) by Lrs. & Others v. Babaji Hari Shelar (dead) by Lrs. & Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We hold that it was not open to the appellants to proceed against the tenants under the provisions of Sections 5, 11 and 11A of the 1874 Act after the death of Balaji Chimnaji More, the original Watandar, in February/March, 1958.
Judgment, page 21
From the headnote
Issue for Consideration Whether the Maharashtra Tenancy and Agricultural Lands Act, 1948 had application to the subject Watan lands; whether the appellants (legal heirs of the original Watandar) were right in proceeding against the tenants u/ss.5, 11 & 11A, Maharashtra Hereditary Offices Act, 1874 after the death of the original Watandar, in February/March, 1958; whether the tenancy in question was lawfully subsisting on Tillers’ Day and were the tenants entitled to exercise their right of statutory purchase of the tenanted agricultural Watan lands. Interpretation and harmonious construction
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