Case Analysis: Papila Bai Vs. Chavdas T. Bhortakke

Shrotapanna Mishra, Manipal University Jaipur

Citation: (2005) 2 SCC 509 | 2005 SCC OnLine SC 71

Introduction: Facts of the Case

1) Hari Vithoba owned land in village Mehun, Taluka Edlabad, Distt. Jalgaon, Maharashtra, with Survey No. 42, measuring about 8 acres and 21 gunthas.

– In 1941, Hari Vithoba mortgaged the land to Dattatray Kulkarni via a conditional sale deed, with a redemption period of seven years.

– Upon the expiration of the redemption period in April 1947, Dattatray Kulkarni remained in possession, having inducted Chavdas Totaram Bhortakke as his tenant.

2)  Dattatray Kulkarni passed away in 1957, and his wife, Durgabai, succeeded him.

3)  In 1977, the daughter of Hari Vithoba, the Present Appellant (Papila Bai), filed a suit for the redemption of the mortgage.

– A compromise was reached between the appellant and Durgabai, resulting in a decree for redemption.

4) The appellant filed an application before the Tehsildar, seeking a declaration that the First Respondent was not a tenant of the land. Alternatively, she requested a certificate under Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948.

– The Tehsildar declared the First Respondent as a tenant and issued a certificate under Section 88C in favor of the Appellant.