SHAH CHINUBHAI JIVANLAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition raise a question of considerable importance. Section 32 of the Bombay Tenancy and Agricultural Lands Act rules that on the first day of April 1957 known as the tillers day every tenant shall subject to certain conditions and provisions of the Act be deemed to have purchased from his landlord free of all encumbrances the land held by him as tenant. The effect of that section is that as from the tillers day tenants are deemed to have purchased and become owners of land of which they were tenants. Section 32H relates to the purchase price and its maxima. Clause (ii)(a) of sub-section (1) of section 32H lays down that in the case of tenants other than permanent tenants the purchase price is to be the aggregate of such amount as the Tribunal may determine not being less than 20 times and not more than 200 times the assessment. That sub-section it will be noticed fixes a minima and maxima as to the quantum of the purchase price to be paid by the tenant to the landlord.

(2.) The controversy before us turns on the meaning and effect of sub-section (2C) of section 2. It will be convenient to refer also to section 32H(2) which is as under:-

(3.) Section 63A lays down certain rules to be applied in aid of fixation of reasonable price of land for the purpose of its sale and purchase. Sub-section (3) of section 63A lays down certain criteria to applied when fixing the price of land for the purpose of its sale and purchase. Sub-section (2) of section 32H which we have set out above is obviously intended to help tenants in backward areas by laying down that in their case the ordinary standard of minima and maxima fixed under clause (ii)(a) of section 32H(1) is not to apply and the minima and maxima may be fixed by the State Government in case of such tenants of course having regard to the rent payable for the lann and factors specified in sub-section (3) of Section 73A.