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BARE ACTS

Supreme Court (SC) Judgements on Bombay Tenancy and Agricultural Lands Act, 1948

Bare Act Title Category / State
Bombay Tenancy and Agricultural Lands Act, 1948 Gujarat State Laws
 

List of Judgements

Keshav Bhaurao Yeole (D) by LRS. Vs. Muralidhar (D) & Ors.

Judgement Date : october/2023, Citation : 2023 Latest Caselaw 816 SC

Prabhatyagi Vs. Kamlesh Devi

Judgement Date : may/2022, Citation : 2022 Latest Caselaw 419 SC

Shankarlal Nadani Vs. Sohanlal Jain

Judgement Date : april/2022, Citation : 2022 Latest Caselaw 307 SC

G.T. Girish Vs. Y. Subba Raju (D) by LRS.

Judgement Date : january/2022, Citation : 2022 Latest Caselaw 59 SC

Musunuri Satyanarayana Vs. Dr. Tirumala Indira Devi

Judgement Date : october/2021, Citation : 2021 Latest Caselaw 525 SC

INSPECTOR GENERAL OF REGISTRATION, TAMIL NADU vs. K. BASKARAN

Judgement Date : june/2020, Citation : 2020 Latest Caselaw 396 SC

Headnote :

CRUCIALStamp duty - The appellate authority is empowered to increase the market value of a property when reviewing an appeal submitted by registrants if any clear illegality is identified.If the authority requests any information, records, or inputs, this alone does not constitute a delegation of es...

VINODCHANDRA SAKARLAL KAPADIA vs. STATE OF GUJARAT

Judgement Date : june/2020, Citation : 2020 Latest Caselaw 394 SC

Headnote :

IMPORTANTAgricultural land governed by the Bombay Tenancy and Agricultural Lands Act cannot be transferred through a will.According to Sections 43 and 63 of the Bombay Tenancy and Agricultural Lands Act, 1948, the validity of testamentary transfers of agricultural land is in question. Even though a...

SHANKAR SAKHARAM KENJALE vs. NARAYAN KRISHNA GADE

Judgement Date : april/2020, Citation : 2020 Latest Caselaw 315 SC

Headnote :

The Transfer of Property Act, 1882, Section 60, along with Sections 3, 4, 5, and 8 of the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950, and Section 90 of the Indian Trusts Act, 1882, addresses the mortgage of land and the right of redemption for a tenant mortgager. In this case, a Watan...

KANNA TIMMA KANAJI MADIWAL vs. RAMACHANDRA TIMMAYA HEGDE

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 880 SC

Headnote :

Section 27 of the Bombay Tenancy and Agricultural Lands Act, 1948.[Paragraph]

JANARDAN DAGDU KHOMANE vs. EKNATH BHIKU YADAV

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 847 SC

Headnote :

Bombay Tenancy and Agricultural Land Act, 1948, Sections 32 and 88B - Bombay Public Trust Act, 1950, Section 28 - Land owned by a trust - Exemption from automatic purchase by tenant tiller - The land was owned by a Religious Trust - The respondents were inducted as tenants - As they were tillers on...

VASANT GANPAT PADAVE(D) BY LRS vs. ANANT MAHADEV SAWANT (DEAD) THRU LRS.

Judgement Date : september/2019, Citation : 2019 Latest Caselaw 845 SC

Headnote :

IMPORTANTThe classification favoring tenants of minor landlords over those of other landlord categories is arbitrary - This classification violates Article 14.A. Maharashtra Tenancy and Agricultural Lands Act, 1948, Sections 31, 32F and 32G - Notification Requirement - Timeline - As of the tiller da...

CHANDRAKANT BABAN MOTKARI vs. GOTIRAM LAXMAN MOTKARI(D) BY LRS

Judgement Date : august/2019, Citation : 2019 Latest Caselaw 778 SC

Headnote :

A. Under Section 32M of the Bombay Tenancy and Agricultural Lands Act, 1948, regarding the certificate of purchase and the inclusion of names, a younger brother entered into a lease agreement with the landlord for the cultivation of land. The Act, enacted in 1948, stipulated that tenants who were cu...

Dr. R.S. Grewal Vs. Chander Parkash Soni

Judgement Date : april/2019, Citation : 2019 Latest Caselaw 393 SC

BAYAJI SAMBHU MALI @ BORATE Vs NAZIR MOHAMMED BALAL ZARI & ORS.

Judgement Date : february/2019, Citation : 2019 Latest Caselaw 116 SC

Headnote :

The Bombay Tenancy and Agricultural Lands Act of 1948 applies in this case. The appellant is the tenant, while the respondent is the landlord. The Supreme Court determined that the appellant was indeed a tenant of the first respondent. In this situation, there was no requirement for the appellant to...

Vasant Ganpat Padave (D) by LRS. Vs. Anant Mahadev Sawant (D) through LRS.

Judgement Date : december/2018, Citation : 2018 Latest Caselaw 947 SC

Dipak Babaria & ANR. Vs. State of Gujarat & Ors. [January 23, 2014]

Judgement Date : january/2014, Citation : 2014 Latest Caselaw 46 SC

Kanwar Singh Meena Vs. State of Rajasthan & ANR. [October 16, 2012]

Judgement Date : october/2012, Citation : 2012 Latest Caselaw 599 SC

Dadu Rau Yelavade Vs. Himmat Rasul Patel [1992] INSC 73 (10 March 1992)

Judgement Date : march/1992, Citation : 1992 Latest Caselaw 73 SC

Headnote :

The landlord, Prabhu, owned 3 acres and 25 gunthas of land that was being cultivated by the tenant-appellant, Rau.Under sections 31 and 29 of the Bombay Tenancy and Agricultural Lands Act, 1943, the landlord initiated proceedings against the tenant.While the proceedings were ongoing, Rau passed away...

Laxmi Bai Vs. Dayanu Narayah Mohite [1991] INSC 259 (9 October 1991)

Judgement Date : october/1991, Citation : 1991 Latest Caselaw 259 SC

Headnote :

The appellant was part of a joint family with her son. She ended the tenancy of the respondents\' predecessor by a notice dated June 24, 1960, which led to litigation that resulted in this appeal to the Court. The central issue is whether the tenant became a deemed purchaser of the land in question...

Tribhovandas Haribhai Tamboli Vs. Gujarat Revenue Tribunal & Ors [1991] INSC 140 (10 May 1991)

Judgement Date : may/1991, Citation : 1991 Latest Caselaw 140 SC

Headnote :

The appellant leased agricultural land from Viswas Rao, and under Section 32(1) of the Bombay Tenancy and Agricultural Lands Act 67 of 1948, he became a deemed purchaser as of tillers\' day, which is April 1, 1957. However, due to the landlord\'s insanity, the right to purchase was legally postponed...

Dhondu Undru Chudhary Vs. Ganpat Lal Shankar Lal Agarwal [1991] INSC 10 (18 January 1991)

Judgement Date : january/1991, Citation : 1991 Latest Caselaw 10 SC

Headnote :

The land in question was placed under Government management because it had remained uncultivated for two consecutive years. The Mamlatdar, designated as the Manager under Section 45 of the Bombay Tenancy and Agricultural Lands Act, 1948, leased the land to the appellant for a duration of 10 years th...

Pandurang Ramchandra Mandlik & ANR Vs. Smt. Shantabai Ramchandra Ghatge & Ors [1989] INSC 273 (12 September 1989)

Judgement Date : september/1989, Citation : 1989 Latest Caselaw 273 SC

Headnote :

The appellants, who are landlords, leased their land located in Kolhapur to respondents Nos. 1 and 2, as well as the husband of respondents Nos. 3 and 4, on October 12, 1950, for a duration of ten years. After the lease expired, the landlords sought to reclaim possession of the land under the Bombay...

Mugaji Laxman Padule Vs. Trimbak Wasudeo Kulkarni & Ors [1989] INSC 20 (18 January 1989)

Judgement Date : january/1989, Citation : 1989 Latest Caselaw 20 SC

Headnote :

The appellants are the heirs of A, who was a tenant of the disputed land for approximately thirty years prior to the enactment of the Bombay Tenancy and Agricultural Land Act, 1948.Although A had the right to purchase the land upon meeting certain conditions, it was acknowledged before the authoriti...

Manik Vinayak Pathare Vs. Pandurang Ganpat Thakar & Ors [1986] INSC 280 (20 December 1986)

Judgement Date : december/1986, Citation : 1986 Latest Caselaw 280 SC

Headnote :

To qualify for exemption from the provisions of Sections 32 to 32R of the Tenancy Act, 1948, the lands owned by a Trust for a public religious worship institution must meet two criteria: (i) the Trust must be registered or considered registered under the Bombay Public Trust Act, 1950; and (ii) all i...

Parvati & Ors Vs. Fatehsinhrao Pratapsinhrao Gaekwad [1986] INSC 192 (18 September 1986)

Judgement Date : september/1986, Citation : 1986 Latest Caselaw 192 SC

Headnote :

When Baroda was designated as a Borough Municipality on May 1, 1950, the Bombay Tenancy Act of 1939 governed the lands within its municipal boundaries. This Act was later repealed by the Bombay Tenancy and Agricultural Lands Act, 1948, which came into effect in Baroda Municipality on August 1, 1956,...

Jayantrao Amratrao Pradhan Vs. Parthasarthy, Collector of Kaira District & Ors [1986] INSC 54 (1 April 1986)

Judgement Date : april/1986, Citation : 1986 Latest Caselaw 54 SC

Headnote :

Over a century ago, the appellant\'s ancestor, Malharrao, was granted 74 acres and 10 gunthas of land by the Government, with a revenue assessment of Rs. 557, for the establishment of a village named Malharpura. He was appointed as the \'Patel\' of this new village, and in exchange for his services,...

Jyasing Dnyanu Mhoprekar & ANR Vs. Krishna Babaji Patil & ANR [1985] INSC 159 (17 July 1985)

Judgement Date : july/1985, Citation : 1985 Latest Caselaw 159 SC

Headnote :

Krishna Babaji Patil, the first respondent, along with his brother Bandu Babaji Patil, owned a half-share in the lands identified by survey numbers 221/1, 222/2, 226/8, and 226/12, totaling 22 acres and 13 gunthas, located in Monja Shirsi, Peta Shirola, District Sangli, Maharashtra. They were perman...

A.A. Shirdone Etc Vs. Saheb H. Tajbhokhari [1985] INSC 63 (20 March 1985)

Judgement Date : march/1985, Citation : 1985 Latest Caselaw 63 SC

Headnote :

The respondent mortgaged various sections of a plot of land to multiple individuals. Five lawsuits were initiated for the redemption and actual possession of the mortgaged land against the mortgagees, who defended themselves by claiming they were tenants of the land before the mortgage and were in p...

Amrit Bhikaji Kale & Ors Vs. Kashinath Janardhan Trade & ANR [1983] INSC 69 (11 May 1983)

Judgement Date : may/1983, Citation : 1983 Latest Caselaw 69 SC

Headnote :

Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, as amended over time, states that on April 1, 1957, known as \"tiller\'s day,\" every tenant shall, subject to the provisions of the following sections, be considered to have purchased the land they hold from their landlord, free fro...

Smt. Rukhamanbai Vs. Shivram & Ors [1981] INSC 158 (3 September 1981)

Judgement Date : september/1981, Citation : 1981 Latest Caselaw 158 SC

Headnote :

Under the deed of settlement (Ex. 2A) dated May 22, 1930, the appellant-landlady obtained a life interest in certain disputed agricultural lands, with the reversionary interest belonging to her children. During her lifetime, she was entitled to the income generated from the property, but she was pro...

Vithal Dattatraya Kulkarni & Ors Vs. Shamrao Tukaram Power & Ors [1979] INSC 71 (21 March 1979)

Judgement Date : march/1979, Citation : 1979 Latest Caselaw 71 SC

Headnote :

Section 3 of the Bombay Tenancy Act, 1939 defined a tenant as a protected tenant if they had continuously held a piece of land for six years prior to January 1, 1938, up until January 1, 1945, and had personally cultivated that land during that time.The tenancy of a protected tenant could only be te...

Gundaji Satwaji Shinde Vs. Ramchandra Bhikaji Joshi [1978] INSC 249 (5 December 1978)

Judgement Date : december/1978, Citation : 1978 Latest Caselaw 249 SC

Headnote :

Section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 prohibits the sale of agricultural land to individuals who are not agriculturists. One of the responsibilities of the Mamlatdar, as outlined in Section 70 of the Act, is to determine whether a person qualifies as an agriculturist and...

Noor Mohd. Khan Ghouse Khan Soudagar & ANR Vs. Fakirappa Bharmappa Machenahalli & Ors [1978] INSC 96 (28 April 1978)

Judgement Date : april/1978, Citation : 1978 Latest Caselaw 96 SC

Headnote :

A partition and possession lawsuit was initiated by the original respondent No. 2 against respondent No. 4 (Defendant No. I in the case), with defendants 2 to 7 being co-sharers and defendants 8 to 14 being tenants in possession.On December 13, 1954, the Trial Court issued a preliminary decree grant...

State of Maharashtra & Ors Vs. Man Singh Surat Singh Padvi & Ors [1978] INSC 28 (14 February 1978)

Judgement Date : february/1978, Citation : 1978 Latest Caselaw 28 SC

Headnote :

In the West Khandesh district, there existed six estates belonging to Tribal Chiefs known as Mehwassi Estates. The Bombay Land Revenue Code of 1879 was applied to these estates through Section 3 of the West Khandesh Mehwassi Estates Regulation of 1949. Additionally, Section 4 of this Regulation exte...

Balkrishna Somnath Vs. Sada Devram Koli & ANR [1977] INSC 19 (20 January 1977)

Judgement Date : january/1977, Citation : 1977 Latest Caselaw 19 SC

Headnote :

According to Section 32 of the Bombay Tenancy and Agricultural Lands Act of 1948, a tenant has the right to purchase the land they cultivate. However, if the landlord is a minor, a widow, or someone with a mental or physical disability, the tenant\'s right to purchase is deferred until the landlord\...

Govindbhai Gordhanbhai Patel & Ors Vs. Gulam Abbas Mulla Allibhai & Ors [1976] INSC 336 (17 December 1976)

Judgement Date : december/1976, Citation : 1976 Latest Caselaw 336 SC

Headnote :

The respondents consented to sell their agricultural land to the appellants. The appellants received the title deeds and took possession of the land, and both parties jointly approached the District Deputy Collector, Thana Prant, under section 63 of the Bombay Tenancy and Agricultural Lands Act, 194...

Jagannath Vs. Authorised Officer, Land Reforms & Ors [1971] INSC 279 (11 October 1971)

Judgement Date : october/1971, Citation : 1971 Latest Caselaw 279 SC

Headnote :

The Madras Land Reforms (Fixation of Ceiling on Land) Act, 1961, was enacted to establish a ceiling on agricultural land holdings and address related matters in the State of Madras. Its validity was previously contested in this Court through writ petitions, arguing that its provisions infringed upon...

Manekji Edulji Mistry & Ors Vs. Maneksha Ardeshir Irani & ANR [1971] INSC 209 (20 August 1971)

Judgement Date : august/1971, Citation : 1971 Latest Caselaw 209 SC

Headnote :

The respondents had been tenants of the appellants for five years starting from March 1, 1943. They were classified as protected tenants under the Bombay Tenancy and Agricultural Lands Act, 1948.They argued that the appellants, as landlords, could not evict them because their status as protected ten...

Mahant Ramswarup Guru Chhote Balakdas Vs. Motiram Khandu Patil & Ors [1967] INSC 220 (26 September 1967)

Judgement Date : september/1967, Citation : 1967 Latest Caselaw 220 SC

Headnote :

Section 32(1) of the Bombay Tenancy and Agricultural Lands Act of 1948, as amended by Act XIII of 1956, states that on April 1, 1957, every tenant shall, subject to certain provisions and exceptions, be considered to have purchased the land they occupy from their landlord. Section 88B provides an ex...

Devi Das Gopal Krishnan & Ors Vs. State of Punjab & Ors [1967] INSC 102 (10 April 1967)

Judgement Date : april/1967, Citation : 1967 Latest Caselaw 102 SC

Headnote :

Section 5 of the East Punjab Sales Tax Act, 1948, in its original form, granted the Government the authority to impose taxes at rates determined by the Government. This section was amended by Act 18 of 1952, which had retrospective effect, establishing a tax rate of \"not exceeding two pies in a rup...

Venkatesh Narahar Kattl Vs. Haji Saheb Khadir Saheb Mulla & ANR [1965] INSC 213 (13 October 1965)

Judgement Date : october/1965, Citation : 1965 Latest Caselaw 213 SC

Headnote :

On December 8, 1956, the appellant issued a three-month written notice to the respondent under section 14(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948, terminating the tenancy due to non-payment of rent. On June 24, 1957, the appellant submitted an application for possession under se...

Harbhajan Singh Vs. Karam Singh & Ors [1965] INSC 183 (16 September 1965)

Judgement Date : september/1965, Citation : 1965 Latest Caselaw 183 SC

Headnote :

In line with the consolidation of land holdings as per the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, land parcels were redistributed to the appellant and the first and eighth respondents. Dissatisfied with the allocations, these two respondents initially filed a...

Ishverlal Thakorelal Almaula Vs. Motibhai Nagjibhai [1965] INSC 150 (10 August 1965)

Judgement Date : august/1965, Citation : 1965 Latest Caselaw 150 SC

Headnote :

In June 1939, the appellant leased certain lands for agricultural use, initially to the respondent\'s father and subsequently to the respondent. The tenancy was renewed annually through new agreements. After issuing a notice to the respondent in November 1955 to vacate the lands by March 31, 1956, t...

Bhimaji Shanker Kulkarni Vs. Dundappa Vithappa Udapudi & ANR [1965] INSC 129 (5 May 1965)

Judgement Date : may/1965, Citation : 1965 Latest Caselaw 129 SC

Headnote :

The plaintiff-appellant filed a lawsuit in civil court seeking possession of certain properties following the redemption of a mortgage and the accounting of funds, claiming that defendant No. 1 was a usufructuary mortgagee as per a mortgage deed. The defendants contended that the transaction was act...

Patel Chunibhai Dajibhai Vs. Narayanrao Khanderao Jambekar & ANR [1964] INSC 280 (3 December 1964)

Judgement Date : december/1964, Citation : 1964 Latest Caselaw 280 SC

Headnote :

In May 1956, the respondent issued a notice under section 14 of the Bombay Tenancy and Agricultural Lands Act, 1948 to the appellants, his tenants, terminating their tenancy due to non-payment of rent. In December 1956, he sent another notice under section 31, ending the tenancy because he intended...

Karamshi Jethabhai Somayya Vs. The State of Bombay [1964] INSC 49 (3 March 1964)

Judgement Date : march/1964, Citation : 1964 Latest Caselaw 49 SC

Headnote :

One K had received approval to irrigate specific lands from a canal. In the same year, the Government suggested designating a portion of the area along the canal for factory use. According to the appellant, after some exchanges between the Government and K, the Superintending Engineer consented to e...

Hiralal Prabhubhai & Ors Vs. Nagindas Atmaram Matri [1964] INSC 36 (14 February 1964)

Judgement Date : february/1964, Citation : 1964 Latest Caselaw 36 SC

Headnote :

The respondent notified the appellants of the termination of the lease for agricultural land located within two miles of the Municipality\'s boundaries and initiated eviction proceedings.The defendants contested the lawsuit, arguing that they had established tenancy rights under the Bombay Tenancy A...

Bai Achhuba Amar Singh Vs. Sri Kalidas Harnath Ojha & Ors [1963] INSC 240 (6 December 1963)

Judgement Date : december/1963, Citation : 1963 Latest Caselaw 268 SC

Headnote :

The appellant owned fields with survey numbers 231 and 260 in a village in Gujarat. Respondent No. 1 served as the manager of her estate for a period and, while in that role, obtained a sale deed for those fields from her. The appellant subsequently filed an application with the Mamlatdar seeking a...

Dahya Lal & Ors Vs. Rasul Mohammed Abdul Rahim [1962] INSC 188 (3 May 1962)

Judgement Date : may/1962, Citation : 1962 Latest Caselaw 188 SC

Headnote :

In 1891, the ancestors of the appellant mortgaged a piece of land to U., who then allowed R. to become a tenant on that land. As the owners of the equity of redemption, the appellant sought relief from the Court established under the Bombay Agricultural Debtors Relief Act to adjust the mortgage debt...

Sree Raghuthilakathirthasreepadangalavaru Swamiji Vs. The State of Mysore & Ors [1962] INSC 153 (18 April 1962)

Judgement Date : april/1962, Citation : 1962 Latest Caselaw 153 SC

Headnote :

The Mysore Tenancy Act of 1952 was established, among other reasons, to regulate the legal framework governing the relationships between landlords and tenants of agricultural land. Subsection (1) of section 6 of the Act states:\"Regardless of any agreement, custom, court decree, order, or law, the m...

Maharana Shri Jayvantsinghji Ranmalsinghji Vs. The State of Gujarat [1961] INSC 365 (22 December 1961)

Judgement Date : december/1961, Citation : 1961 Latest Caselaw 365 SC

Headnote :

The petitioners, who held tenure, contested the constitutional validity of the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958, specifically sections 3 and 4 in conjunction with section 6, claiming they violated their fundamental rights under Articles 14, 19, and 31 of the Constitution. In s...

Purushothaman Nambudiri Vs. The State of Kerala [1961] INSC 346 (5 December 1961)

Judgement Date : december/1961, Citation : 1961 Latest Caselaw 346 SC

Headnote :

The Kerala Agrarian Relations Bill was presented in the Kerala Legislative Assembly on December 21, 1957, and was eventually approved on June 10, 1959. The Governor of Kerala then reserved the Bill for the President\'s assent as per Article 200 of the Indian Constitution. However, on July 31, 1959,...

Raja Ram Mahadev Paranjype & Ors Vs. Aba Maruti Mali & Ors [1961] INSC 336 (1 December 1961)

Judgement Date : december/1961, Citation : 1961 Latest Caselaw 336 SC

Headnote :

In the initial three appeals, the tenants had failed to pay rent for three years, and the landlords had issued proper notices terminating the tenancies. Consequently, the landlords obtained statutory rights to evict the tenants and sought possession of the lands from the Mamlatdar, as mandated by se...

Sakharam Bapusaheb Narayan Sanas & ANR Vs. Manikchand Motichand Shah & ANR [1961] INSC 170 (19 April 1961)

Judgement Date : april/1961, Citation : 1961 Latest Caselaw 170 SC

Headnote :

The appellants had obtained the rights of protected tenants under Section 3A(1) of the Bombay Tenancy Act, 1939, which was amended by the Bombay Tenancy (Amendment) Act, 1946, and these rights were documented in the Record of Rights. This Act was later repealed by the Bombay Tenancy and Agricultural...

Jivabhai Purshottam Vs. Chhagan Karson & Ors [1961] INSC 119 (27 March 1961)

Judgement Date : march/1961, Citation : 1961 Latest Caselaw 119 SC

Headnote :

Sub-section (2A) of Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948, as modified by the Amending Act of 1952, takes effect from the date the tenancy is terminated following the expiration of the notice of ejectment issued by the landlord under Section 34(1) of the Act, rather than...

Vasantlal Maganbhai Sanjanwala Vs. The State of Bombay & Ors [1960] INSC 129 (25 August 1960)

Judgement Date : august/1960, Citation : 1960 Latest Caselaw 129 SC

Headnote :

Section 6(1) of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bom. LXVII of 1948) stipulated that the maximum rent a tenant could pay for irrigated land should not exceed one-fourth of the crop yield or its value, while for other types of land, it should not exceed one-third. Section 6(2) all...

Sri Ram Ram Narain Medhi Vs. The State of Bombay [1958] INSC 116; (18 November 1958)

Judgement Date : november/1958, Citation : 1958 Latest Caselaw 116 SC

Headnote :

The petitions contested the constitutional validity of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956, which further amended the Bombay Tenancy and Agricultural Lands Act, 1948. The purpose of the amendment was to redistribute ownership and control of agricultural lands in accordanc...