R K SAWANT Vs. GULJAR BAINARAYAN PATIL

JUDGEMENT

(1.) In Spl C. A. 2079/ 1976, the petitioner contends that he was declared a tenant purchaser of land, s. No. 74/2, admeasuring 6-A & 38 G. &1 A. & 26. G. situate at village Lawangital. Malshiras district Solapur, belonging to the respondent Guljarbai Narayan Patil. It is further contended that the respondent-landlady had unlawfully evicted the petitioner Ramchandra Krishnaji Sawant and, therefore, he filed a No. Ten. C 8-9 of 1969 before the S. D. O , Pandharpur, u/sec. 32 G of the B-T. & A. L Act ) . 1948, (hereinafter referred to as the Tenancy Act The S.D.O. by his judgment and order dt. 31-5-1975,. dismissed the said application.

(2.) Being' aggrieved by the said order, the petitioner filed the 11. A. to M. R. T, which also came to Ve dismissed on 6-1-1976. Against that order, the present application is filed. Mr. R. G. Sa'mant for the petitionor submitted that since the petitioner has become a purchaser and final order having been passed by the A. L. T. in s. 32 G proceedings, the provisions of s 29 of the Act would not apply, but sec. 84 would apply, because the relationship of the landlord and tanant came to an end by the final order of the A. L. T. He submitted that the order passed by the Courts below that the application ought to have been filed u/s 29 would not be correct in law- in view of the fact that the land has been purchased by the tenant and he had paid the purchase price.

(3.) Mr. C. R. Dalvi for the petitioners in Spl. C. A. 2214/1980, submitted that the proceedings u/s- 32 G - were without notice to his client. The- notice is alleged to have been served on the husband of the petitioner and she remained absent on an ex-parte order has deen passed by the A. L. T on 26-3-1962. The- order passed by the A. L.-T.is a nullity inasmuch as no notice is served on her.