SHRIKANT TRIMBAK INDIKAR Vs. DHONDI DASHRATH JADHAV

JUDGEMENT

(1.) This petition raises an interesting question under the Bombay Tenancy and Agricultural Lands Act, 1948. The question is whether the landlord who was a minor when he made application under section 31 and obtained possession of a portion of the land under that section can after attaining majority resist proceedings under section 32G for conferring statutory ownership on the tenant in respect of the land remaining with the tenant by invoking the provisions of section 32F of the Act. The relevant facts are as follows:-

(2.) The tenant came to this Court in Special Civil Application No. 602 of 1963. A consent decree was passed on Sept. 10, 1963 by this Court. The consent terms which were agreed between the parties were as follows :

(3.) The decree was executed by putting the landlord in possession of ⅓rd portion (i.e of S. No. 250/2B measuring 9 acres 7 gunthas, assessed at Rs. 13/25). The tenant was put in possession of the remaining ⅔rd portion of the land, i.e. 250/2A, measuring 18 acres and 27 gunthas, assessed at Rs. 27.56 p., which, as stated above, is the subject-matter of this petition.