LAXMANRAO ANANTRAO SATARDEKAR Vs. BAPU S. POWAR

JUDGEMENT

(1.) THIS petition raises interesting questions of law relating to interpretation and application of Sections 15, 29(1), 32(1) and 32 -G of the Bombay Tenancy and Agricultural Lands Act, 1948. The principal question of law relating to the purported surrender of tenancy is already decided by the Full Bench judgment of our High Court delivered in this very matter on 25th January, 1988 reported in 1988 Mh. L.J. 359. In view of the ratio of the said judgment, the purported surrender of tenancy by the tenant/s concerned shall have to be treated as non est. It would follow therefrom that the petitioner -tenant became the statutory purchaser of the agricultural lands in question on tillers' day i.e. with effect from 1st April, 1957 under Section 32(1) of the Act. There is no serious dispute about the relevant facts having bearing on the subject -matter of this petition. It is unfortunate that this petition has. remained pending in this Court for a period of more than 13 years even though1962 N.L.J. 65 it pertains to the legislation introducing agrarian reforms in the State.

(2.) IN my view, there is no merit in this petition and the petition deserves to be dismissed for the reasons set out in later part of this judgment.

(3.) FROM the bare narration of the above facts, it becomes more than clear, that the original respondent No. 1 held the lands described in the order (Ex. A to the petition) as a tenant on 1st April, 1957. The tenant concerned i.e. Shri Bapu Satyappa Powar was lawfully cultivating the said lands at the material time as a tenant. Section 32(1) of the Act provides that from the 1st day of April, 1957 therein referred to as 'tillers' day', every tenant shall be deemed to have purchased from his landlord the land held by him as a tenant subject to other provisions of the said section and other provisions of the Act. It follows therefrom that from 1st April, 1957 there can be no relationship of landlord and tenant in respect of the land of which the statutory ownership has vested in the tenant under Section 32(1) of the Act. In all such cases, the Act prohibits surrender of tenancy by the tenant after the 1st day of April, 1957. Since the tenant becomes the owner of the land with effect from 1st April, 1957, the question of surrender of tenancy can never arise after 1st April, 1957 as there can be no surrender of tenancy since then in view of relationship of landlord and tenant being terminated by operation of law and the tenant acquiring the status of statutory purchaser of the said land under the relevant provisions of the Act. If, however, the surrender of tenancy is effective since prior to 1st day of April, 1957 and such surrender is in conformity with the provisions of the Act, Section 32(1) of the said Act can have no application to the matter. It is a mandate of the Section 32(1) of the Act that there should be subsisting relationship of landlord and tenant between the parties concerned on the 1st day of April, 1957. In such an event subject to all conditions of Section 32(1) of the Act being satisfied and the matter being not covered by any of the exclusionary provisions of the Act, the tenant becomes the statutory purchaser of the land.