Requirement of Foundational Pleadings and Evidence to Establish Deemed Tenancy Under the 1958 Act.
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Case: SANTOSH S/O NANDKISHOR CHANDRAWANSHI (PARDESHI) v. PRAKASH S/O SHRINIWAS CHANDORE AND ORS
Court: Bombay High Court
Date: 23-06-2026
Law: Bombay Tenancy and Agricultural (Vidarbha Region) Act, Constitution of India.
Highlights of the Judgment:
- Examination of the burden of proof required to establish a jural relationship between landlord and tenant.
- Analysis of whether cultivation entries in 7/12 extracts sufficiently prove the legal status of a tenant.
- Interpretation of Section 6 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.
- Judicial determination on whether deemed tenancy is a pure question of law or requires foundational pleadings.
- Discussion on the evidentiary value of long-standing possession without lease deeds or rent receipts.
- Clarification on the High Court's supervisory jurisdiction under Article 227 regarding concurrent findings of fact.