AIR 1990 SUPREME COURT 2281 ::1990 UJ(SC) 2 655 ::1990 Bom LR 92 554 ::1991 SCC (Supp) 1 27 ::(1991) 5 JT 13 (SC)

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): N. M. Kasliwal, M. Fathima Beevi , JJ

(A) Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.70(b), S.40, S.29— @page-SC2282TENANCY - Possession of land - Heir of tenant - Determination - Proof - Application under S.70(b) for possession by nephew of deceased tenant - Claim that there was divorce between deceased tenant and his wife - Divorce proved on basis of written divorce deed - Execution of deed proved - Held, applicant was heir of deceased tenant at time of his death. (Para 6) (B) Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.29, S.70(b)— Application for possession of land under S.70(b) by heir of tenant - Application filed after four years of death of tenant - Evidence establishing that applicant never came in possession of land after death of tenant - Application time barred. Decision of Bombay High Court, Reversed. (Para 8) (C) Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.76— Revision - Remand of case by Tribunal for disposal according to law - Application for possession of land under S.70(b) allowed by lower authorities after remand of case - Revision against - Tribunal dismissing application as time barred - Order not illegal on ground that point of limitati....