JAYKUMAR GANPATI WAYKAR Vs. NIVRITTI SAKHARAM TITWE

JUDGEMENT

(1.) This appeal by special leave arises from the judgment dated 23/11/1978 of the High court of Bombay in Special Civil Application No. 2589 of 1974 filed under Article 227 of the Constitution.

(2.) The admitted facts are that the appellant was a minor when his adoptive mother Guru Santabai Ganpati Waykar had initiated the proceedings under Section 31 (3 of the Bombay Tenancy and Agricultural Lands Act, 1948 (67 of 1948 (for short "the Act") for ejectment of the respondent-tenant on the ground that she was entitled to resume the land. Pending proceedings, she died and thereafter the appellant had come on record. Admittedly, as on the date of the death of his mother the appellant was a minor. The proceedings under Section 31 (3 ultimately ended in dismissal of the suit on 13/3/1972. In the meanwhile, the appellant had attained majority on 19-3-1968. Resultantly. the tenant got issued notice on 21/4/1968 under Section 32-F of the Act (opting to purchase the land under Section 32. The application, appeal and the revision arising under the Act came to be dismissed. Thus the tenant-respondent filed a writ petition in the High court. The writ petition was allowed and it was held that the respondent was entitled to purchase the lands since as on 1/4/1957, the tillers' day, he was in possession but he could not opt to purchase the property due to the disability of the widow, which stood in his way under Section 32-F of the Act. Thus this appeal by special leave.

(3.) The question is whether the respondent had exercised that right under Section 32-F of the Act within one year Section 32-F of the Act envisages as under: