KHATUN Vs. BALAKRISHNA KESHAV DESHPANDE

JUDGEMENT

(1.) This appeal by grant of. special leave is directed against the judgment of the Bombay High Court dated july 31, 1980. Briefly stated the facts necessary for the determination of this appeal are that the Appellants Khatun widow of Bala Sheikh and Rashida widow of Mira Sheikh were the tenants of lands Survey Nos. 105, 106 and 155 situated in village Gulvanchi in Jath Tahsil of Sangli District Maharashtra. The respondent filed an application for possession of the aforesaid lands on the ground of default in payment of rent for the years 1962-63, 1963-64 and 1964-65. We deem it unnecessary to make a mention of various orders passed by different Revenue Courts in this litigation and pick up the thread from the order of the Maharashtra Revenue Tribunal dated 7-6-1975 by which the respondent landlord was granted restoration of possession holding that the appellants were proved as defaulters in the payment of rent for the aforesaid period. The High Court dismissed the writ petition filed by the appellants challenging the order of the Maharashtra Revenue Tribunal. The appellants in these circumstances have come before this Court by the grant of special leave.

(2.) The parties were governed by the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 'Tenancy Act) . The lands in question were watan lands and under S. 7 of the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (in short the Abolition Act, 1955) all lands held under a watan stood resumed to the Government on 3rd June, 1955. Subsequently on an application moved by the respondent-landlord an order regranting the land in his favour was passed on June 28, 1971. Section 28 of the Abolition Act of 1955 reads as under:-

(3.) It may be further noted that by 5. 32 of the Tenancy Act, every tenant was deemed to have purchased the land from his landlord on the Ist day of April, 1957 which was considered as tillers day. However, S. 32-F(I)(b) (ii) of the Tenancy Act laid down that where the tenant is a widow, the right to purchase land under S. 32 may be exercised by the successor-in-title of the widow within one year from the date on which her interest in the land ceases to exist. It is not in dispute in the