VAGRI KHODABHAI HASUBHAI Vs. MOHMEDHUSEN ABDULBHAI BAKARWALA

JUDGEMENT

(1.) his petition under Art. 227 of the Constitution of India raises a short question regarding applicability of the provisions of sec. 43 A (1) (b) of the Bombay Tenancy and Agricultural Lands Act 1948 (he Tenancy Act) to the lands in question.

(2.) In order to appreciate the real nature of controversy between the parties it is necessary to glance through a few relevant facts leading to the present petition.

(3.) The petitioner is an agriculturist and has been cultivating lands survey nos. 823 824 and 825 admeasuring respectively 3 acres-35 gunthas 2 acres-14 gunthas and 1acre-27 gunthas situated on the outskirt of village Kadi in Kadi taluka of Mehsana district. The petitioner has been in possession of these lands since 5-4-1950 as per the agreement entered into between the petitioner-tenant and the respondent-landlord. The Case of the petitioner is that as per the said agreement he was in possession of the three lands as a tenant and was permitted to cultivate these lands and also to raise mango trees therein. He had also to protect the existing mango trees which were on the lands on the date of the lease. The petitioners contention is that as a tenant of these lands he had become a deemed purchaser thereof under the provisions of sec. 32 of the Tenancy Act. It appeals that initially proceeding under sec. 32-G were taken out by the then Mamlatdar and Agricultural Lands Tribunal Kadi in 1961 and that by an order dated 2-1-1961 the then Mamlatdar and A. L. T. held that the aforesaid lands in question were exempt from the operation of the tillers day legislation on account of sec. 43A of the Tenancy Act. The aforesaid decision of the A. L. T. was reached in tenancy case 108-109/61.