RAMPURI KALUPURI SWAMI Vs. NATHALAL ISHWARBHAI HARGOVANBHAI SHAH

JUDGEMENT

(1.) The petitioners tenants who were in actual possession of the land in question have filed this petition as their application under sec. 32PP of the Bombay Tenancy and Agricultural Lands Act 1948 hereinafter referred to as the Act which was made on May 29 1971 along with the stay application against the order of surrender in landlords favour under sec. 32P(2) was held to be incompetent and the stay application had been rejected on that ground.

(2.) The short facts which have given rise to this petition are as under :

(3.) The next question which is urged by Mr. Vakharia is as to the extent of this retrospective operation of this explanation In order to consider this question we would have to analyse the relevant scheme of this benevolant amendment which has been enacted to see that such tenants rights were restored in cases where the deemed purchase on the tillers day April 1 1957 was declared to be ineffective under sec. 32G(3) by reason of the tenant failing to appear before the Tribunal or making a statement expressing his unwillingness to purchase the land and the land had not been disposed of in the manner specified. Sec. 32PP(1) runs as under :