SAKHARAM SHINDE Vs. VILAS ANANT DESHPANDE

JUDGEMENT

(1.) The question raised by Mr. Babasaheb Bhonsale appearing for the petitioners in this petition which arises out of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter, the Tenancy Act) is, really speaking, one which presents quite some difficulty. It reveals the shortcomings of the draftsmen who have to burn the midnight oil for the purpose of effecting so many amendments in the Tenancy Act.

(2.) The question arises in the following circumstances:--

(3.) The land in question has Survey No. 316 admeasuring 39 Acres, 23 Gunthas. Respondent No. 1 herein (hereinafter, the Respondent) was the owner of the same till the demise of the present petitioner who is the tenant of the same at all relevant times. Respondent No. 1 was born on 1-2-1952 which means that he would attain majority on 1-2-1970. On 25-3-1957 the respondent applied for possession of one half portion of the lands in question which, for the sake of brevity, is referred to hereinafter as the said lands'. That application was filed under Section 31 of the Tenancy Act. It may be stated here that under Section 31 of the Tenancy Act, the landlord can apply for possession of the lands let out by him to the tenant if he required the possession of the same for his own personal bona fide cultivation. But, if he makes good his contention regarding bona fide requirement, the most that he can get under the said Section 31 is one half portion of the lands in question. Then, there is a further provision contained in Section 31-C of the Tenancy Act by virtue of which the tenancy of the remaining lands which would continue with the tenant can, in no case, be terminated by the landlord on the ground of bona fide personal requirement.