AIR 2004 SUPREME COURT 754 ::2003 AIR SCW 6923 ::(2004) 2 GCD 1342 (SC) ::2004 (1) UJ (SC) 566 ::2004 UJ(SC) 1 566 ::2004 (1) SCC 681 ::(2003) 10 Scale 504 ::2004 (1) All CJ 659 ::(2004) 1 AllMR 117 (SC) ::2004 (1) All MR 117 ::(2004) 3 Bom CR 350 ::(2004) 1 RenCJ 53 ::2004 (2) Bom LR 656 ::2004 Bom LR 2 656 ::2003 (7) SLT 614 ::2004 (1) Supreme 548

Supreme Court Of India

(From : 1998 AIHC 4430)

Hon'ble Judge(s): V. N. Khare, Satya Brata Sinha, Ar. Lakshmanan , JJJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.32(1B), S.15, S.29— Registration Act (16 of 1908) , S.17, S.49— Voluntary surrender of tenancy - Surrender, however, not in terms of Ss. 15 and 29 of Act which are mandatory - Surrender of tenancy is not valid - Possession obtained by landlord also is invalid - Mortgage of land by landlord in absence of registered document executing transfer - Confers no lawful title on mortgagee - Restoration of possession to tenant in view of S. 32(1B) as inserted by 1969 Act - Is proper - Act is beneficient statute and should be construed in favour of tenant and against landlord - Expression 'possession' includes right of possession.1998 AIHC 4430 (Bombay), Reversed. 1998 AIHC 4430 (Bombay), Reversed.Dhondiram Tatoba Kadam v. Ramchandra Balwantrao Dubal, 1994 AIR SCW 2181, Held per incuriam. The Act, contemplates termination of tenancy by surrender thereof; and consequentaking @page-SC755 over of possession by the landlord. How such termination of tenancy could take place is provided for in S. 15 of the Act in terms whereof inter alia a surrender of the tenancy becomes a legal one only when such surrender is in writing and verified before the Mamlatdar in the prescribed manner. For the said purpose the Mamlatdar is also required to hold an enquiry. It is not in dispute ....