VITHOBA THAKURDAS AMBEKAR SINCE Vs. KISAN NANA INGOLE

JUDGEMENT

(1.) THE petitioner is the heir of the deceased landlady Krishnabai. He acquired the suit land in a partition effected in the family of Krishnabai on 24-3-1958.

(2.) ONE Kisan Ingole, predecessor of the respondent, was a tenant on 1-4-1957. The A. L. T. , Pandharpur, held by its order dated 28-4-1978 that since Krishnabai was a widow, the tillers day was postponed. That during the period of postponement, the interest in property came to the plot of Pandurang by way of partition dated 24-3-1958. When the property came to Pandurang, he was a minor. He became a major on 18-10-1962. Therefore, Kisan ought to have sent an intimation that he intends to exercise his right or purchase within a period of two years on the date on which Pandurang attained majority. Since Kisan did not do so, he was not entitled to purchase the land under section 32-G. The purchase, therefore, was declared ineffective and possession of the land was directed to be taken from the tenant and disposal of the land was directed under section 32-B of the Act.

(3.) KRISHNABAI carried the matter in appeal. The Assistant Collector, Pandharpur, who decided the appeal on 30-9-1985 dismissed the appeal. The Assistant Collector observed that Krishnabai was aware of the birth date of the landlord and the landlord i. e. Pandurang had sent a notice to the tenant on 5-12-1962 giving an intimation that he had become a major.