Bombay High Court

A Bataipatra for crop-sharing is a contractual arrangement and does not confer tenancy rights under the Act of 1950.

Vishwanath Dhondiba Davne vs Shewantabai Tulshiram Chambarge Through Lrs Hirkanbai Sheshrao Fulsamdar And Others

Bombay High CourtJUDGMENT: April 30, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner originally sold the suit land (Survey No. 235/B) to Respondent No. 1 via a registered sale deed in 1975

Source reference: p. 3

He later claimed that Respondent No. 1 executed a Bataipatra (crop-sharing agreement) on June 1, 2001, creating a "contractual tenancy" in his favor

Source reference: p. 3

Dispute arose when Respondent No. 1 sold the property to third parties (Respondents 2-4), leading to Civil Suit No. 288/2001 for injunction

Source reference: p. 3

Following a series of litigations regarding illegal dispossession and restoration of possession, the Civil Court referred the issue of tenancy to the Revenue Authorities under Section 99-A of the Hyderabad Tenancy and Agricultural Lands Act, 1950 ("the Act")

Source reference: p. 4

The Tahsildar, Deputy Collector, and Maharashtra Revenue Tribunal (MRT) all rejected the Petitioner’s claim, holding that a Bataipatra does not confer tenancy rights and no revenue records supported the status

Source reference: p. 5
02

Issues

1. Whether the Bataipatra dated 01.06.2001 executed by the landowner creates a valid tenancy recognized under the Hyderabad Tenancy and Agricultural Lands Act, 1950

Source reference: p. 2; para. 3

2. Whether Section 4-A of the Act of 1950 recognizes the concept of "contractual tenancy" through a crop-sharing agreement

Source reference: p. 7; para. 7
03

Law Applied

Hyderabad Tenancy and Agricultural Lands Act, 1950, specifically Section 4-A (applicability of Transfer of Property Act), Sections 38-E and 38-G (protected and ordinary tenancy), and Section 99-A (reference of tenancy issues to authorities)

Source reference: p. 2, 6, 7

The court followed the principle that a Bataipatra is a mutually agreed contractual engagement for the limited purpose of sharing crops and does not equate to the transfer of tenancy rights under agricultural statutes

Source reference: p. 7-8
04

Reasoning

The Court examined the nature of the Bataipatra relied upon by the Petitioner. It held that the document is merely a crop-sharing contract where possession is handed over solely for growing crops, rather than establishing a landlord-tenant relationship as contemplated by the Act

Source reference: p. 7-8

The Court rejected the Petitioner's interpretation of Section 4-A, clarifying that the Act of 1950 recognizes only specific categories like "protected" and "ordinary" tenants, and does not contain a concept of "contractual tenancy" arising from a Bataipatra

Source reference: p. 7

Furthermore, the lack of revenue entries for the period between 1954 and 2001—nor any subsequent to the alleged document—undermined the Petitioner’s claim

Source reference: p. 5, 7

The Court concluded that the Revenue Authorities correctly appreciated the evidence in finding that the agreement did not confer statutory tenancy rights

Source reference: p. 8
05

Holding

The Court answered the issues in the negative, holding that a Bataipatra is a crop-sharing arrangement and does not confer tenancy rights under the Act of 1950

The Writ Petition was dismissed, and the orders passed by the Tahsildar, Deputy Collector, and Maharashtra Revenue Tribunal were upheld. Rule was discharged with no order as to costs

Source reference: p. 8
Bombay High Court

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Vishwanath Dhondiba DavnevsShewantabai Tulshiram Chambarge Through Lrs Hirkanbai Sheshrao Fulsamdar And Others

Bombay High Court · April 30, 2026

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