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of <h1>Supreme Court Upholds Retrospective Application of Bombay Act, Invalidates Lease Termination Notice</h1> <h3>TRIMBAK DAMODHAR RAIPURKAR Versus. ASSARAM HIRAMAN PATIL AND ORS.</h3> TRIMBAK DAMODHAR RAIPURKAR Versus. ASSARAM HIRAMAN PATIL AND ORS. - 1966 AIR 1758, 1962 SCR Supl. (1) 700 Issues Involved:1. Retrospective application of the Bombay Tenancy and Agricultural Lands Act amendments.2. Validity of the notice given by the appellant for terminating tenancy.3. Statutory extension of the lease period.Issue-wise Detailed Analysis:1. Retrospective Application of the Bombay Tenancy and Agricultural Lands Act Amendments:The primary issue was whether the amendments introduced by the Bombay Act XXXIII of 1952, which affected the termination of tenancies, applied retrospectively. The High Court held that these amendments were retrospective, meaning they applied to leases and notices given before the enactment of the amendments. The Supreme Court affirmed this view, stating that the appellant could not claim ejectment of the respondents without complying with the new statutory requirements for a valid notice as prescribed by the amending Act.2. Validity of the Notice Given by the Appellant for Terminating Tenancy:The appellant had given notice on March 11, 1952, to the respondents, indicating the termination of the lease on March 31, 1953. However, the Supreme Court ruled that this notice did not comply with the statutory requirements introduced by the amending Act XXXIII of 1952, which required a one-year notice specifying the landlord's bona fide requirement for personal cultivation and that the income from the land would be the main source of income for the landlord. Since the appellant did not meet these requirements, the notice was deemed invalid.3. Statutory Extension of the Lease Period:The lease, originally for five years, was extended to ten years by the Bombay Tenancy Act of 1939. The subsequent Bombay Tenancy and Agricultural Lands Act LXVII of 1948 further extended the lease period. The amending Act XXXIII of 1952 introduced a provision that automatically extended the lease for additional ten-year periods unless terminated by a valid notice or tenant surrender. The Supreme Court confirmed that the lease period was statutorily extended, and the appellant could not terminate the tenancy without adhering to the new statutory requirements.Conclusion:The Supreme Court dismissed the appeal, upholding the High Court's decision that the amendments introduced by the Bombay Act XXXIII of 1952 applied retrospectively. The appellant's notice given on March 11, 1952, was invalid as it did not comply with the new statutory requirements. Consequently, the appellant was not entitled to eject the respondents, and the statutory extension of the lease period was affirmed. The appeal was dismissed with costs.
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