KALLAWWA SHATTU PATIL Vs. YALLAPPA PARASHRAM PATIL

JUDGEMENT

(1.) BY this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the judgment and order dated 10th February 1981 passed by the Maharashtra Revenue Tribunal, Kolhapur, in Revision Application No. MRK-KP-1 of 1980 dated 2nd November, 1980 against the order dated 10th October, 1979 passed by the Sub-Divisional Officer, Gandhinglaj, in Tenancy Appeal No. 6 of 1979. The dispute concerns the proceedings for fixation of purchase price in respect of agricultural lands in question in proceedings adopted at the instance of the tenant-purchaser for the said purpose under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act", for short) (petition lands being lands situate at Village Kagani, R. S. No. 182/4, area 1 acre and 18 gunthas, assessment O-47- (0-8-0 share ). The said land was Patilki inam land, i. e. , watan land, till the date of its re-grant to the petitioners and respondent No. 2 sometime in the year 1972. The principal question arising for the consideration of the Court is as to whether the section 32-O of the Tenancy Act is applicable to a case like the present one. Section 32-O of the Tenancy Act is applicable only to cases where tenancy is created by the landlord after the tillers day, as more particularly set out therein, and not to the cases where the tenancy of agricultural land was subsisting on 1st April 1957 i. e. , the tillers day. The connected question arising for consideration of the Court is as to whether a fresh lease is deemed to have been created by the landlords in favour of the old tenant from the date of re-grant within the meaning of section 32-O of the Tenancy Act so as to oblige the tenant to send intimation of statutory purchase to the landlords and the Tribunal within on year from the date of the re-grant. This petition also raises the question of interpretation of section 8 of the Maharashtra Revenue Patels (Abolition of Office) Act, 1962 ("the Patels Abolition Act", for short ).

(2.) IN the above-referred proceedings under section 32-G of the Tenancy Act, the following orders were passed by the learned authorities below :---

(3.) THE material facts emerging from the record are as under :---