NAWAJUDDIN AJIJODDIN Vs. HANUMANDAS GOMANDRAM ATTAL

JUDGEMENT

(1.) THE short question for my consideration is whether the tenant's application dated 22 -6 -1977 for the fixation of price of the disputed land under section 50 read with section 48 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act (hereinafter referred to as Tenancy Act) is barred by limitation.

(2.) IT is common ground that in respect of disputed land, the tenant and the landlord created a tenancy on 7 -4 -1970. Section 50 of the Tenancy Act gave a right to such a tenant to purchase such land within one year from the commencement of the tenancy. The tenant, therefore, on 12 -5 -1970 served the landlord with a notice asking the landlord to sell the land to him for certain price. It appears that the landlord did not sell the land to him. Hence on 22 -6 -1971 the tenant filed an application before the Agricultural Lands Tribunal for fixing price of the land and for selling it to him.

(3.) THERE is no dispute whatsoever about the facts. The tenancy was created on 7 -4 -1970. Notice was given on 12 -5 -1970 by the tenant to the landlord asking the landlord to sell the land to him. The application was filed on 22 -6 -1971.