VISHWANATH MARUTI GAGARE Vs. CHANDRAKALABAI

JUDGEMENT

(1.) THIS petition arises out of the order of the Maharashtra Revenue Tribunal, Pune, passed on 16-9-1985, in revision application no. 10/1985. The said revision application was filed by the petitioners herein against the order dated 13-3-1984 passed by the Sub-Divisional Officer, Rahuri Division, Ahmednagar, in Tenancy Appeal No. 4/1982. The said tenancy appeal was filed by the respondents herein against the order dated 10-12-1981 passed by the Tahsildar, Rahuri, in Tenancy Case No. 3/1980. The Tahsildar, Rahuri, had dismissed the application filed by the respondents herein under Section 32-0 read with Section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 ( hereinafter called as ?the said Act? ). By the said application, the respondents had prayed for possession of the suit land on the ground that the petitioners had failed to exercise their option under Section 32-0 of the said Act within the stipulated period.

(2.) UPON hearing the learned Advocates for the parties and on perusal of the records, it is seen that it is not in dispute that the suit plot was leased to the petitioners by a registered deed of lease dated 15-3-1966 by the predecessor of the respondent, namely, Deubai. It is also not in dispute that subsequent to the death of said Deubai in the year 1969, two of the legal representatives of Deubai, namely, Vinayak Yeshwant Ohol and Mathurabai Yeshwant Ohol, son and daughter, respectively, of Deubai, sold their share in the property in question to the petitioners. Undisputedly, the application for possession of the suit land was restricted to the half share in the property which belonged to Deubai and which was subject matter of the lease deed dated 15-3-1966. It is also not in dispute that the petitioners had not filed any application for purchase of the property within one year from the date of the commencement of lease as was otherwise required in order to enable them to exercise their right to purchase the land in terms of Section 32-0 of the said Act.

(3.) SECTION 32-0 of the said Act provides that if tenancy is created after 1-4-1957, then the tenant is entitled to purchase the land within one year from the commencement of such tenancy. Undisputedly, the petitioners failed to take necessary steps in that regard within stipulated period. The Tribunal, therefore, held that there was no compliance of provisions of SECTION 32-0 by the petitioners and, therefore, a right had been accrued in favour of the respondents for the possession of the suit land.