VIJAY KRISHNAJI DESHPANDE Vs. GURU SIDDHA SIDRAM MHATRE

JUDGEMENT

(1.) THE petitioner is the legal heir of one Radhabai who was the original land lady of the agricultural land in question. These lands were cultivated by one Guru Siddha Mhatre as a tenant.

(2.) BEFORE the tillers date i. e. 1-4-1957 Radhabai has made an application dated 25-3-1957 to the Additional Tahsildar for possession of the lands in question. This application was under section 31 of the Bombay Tenancy and Agricultural Lands Act. She withdrew that application on 21-6-1958 i. e. after the tillers day. Thus her claim for possession came to an end. On 22-4-1961 the petitioner who is the adopted son of Radhabai became major. Radhabai died on 28-3-1962. The petitioner claims that the respondent tenants right to purchase the lands in question was postponed under section 32-F of the Bombay Tenancy and Agricultural Lands Act. According to the petitioner since the respondent tenant has not exercised the right of purchase within the postponed period prescribed by section 32-F, the respondent is not entitled to purchase the lands at all.

(3.) ON 19-6-1981, the tenant Gurusidhappa applied to the Collector, Solapur for fixing the purchase price of the lands in question. The A. L. T. initiated proceedings thereon and the notices were served on the landlord. Eventually, on 30-11-1982, the A. L. T. by its judgment and order fixed the purchase price at Rs. 2000/ -.