HORMASJI SORABJI PATEL Vs. GUJARAT REVENUE TRIBUNAL

JUDGEMENT

(1.) * * * *

(2.) Before we proceed to examine various contentions canvassed at the hearing of this petition we should briefly refer to the relevant provisions of the Bombay Tenancy and Agricultural Lands Act 1948 (Act LXVII of 1948) as amended from time to time. The Bombay Tenancy and Agricultural Lands Act 1948 was brought into force on 28th December 1948 A very sweeping amendment was made in the Act by the Bombay Tenancy and Agricultural Lands (Amendment) Act 1956 (Act XIIL of 1956) which amongst others introduced secs. 32 to 32R. Originally unamended sec. 32 gave a right to a protected tenant to purchase from the landlord the land held by him as a protected tenant. It gave option to purchase land of which he was a protected tenant. Response to this provision was found to be inadequate and therefore a sweeping change was made by which the tiller of the land was sought to be made the owner thereof. Relevant provision of sec. 32 as amended in 1956 reads as under:-

(3.) The scheme of Part II of Chapter III provides for fixation of price and instalments to be paid by tenant becoming owner of the land by operation of sec. 32 and consequences of his failure to pay the same and disposal of land in respect of which purchase became ineffective. In order to carry out the scheme contained in Part II of Chapter Ill provision was made in Chapter VI for constitution of Agricultural Lands Tribunal. Sec. 67 confers power on the State Government to constitute Agricultural Lands Tribunal and sec. 68 sets out the duties of the Tribunal. Sec. 68 reads as under:-