CHHABUBAI SHANKAR BHANDE Vs. RAMCHANDRA BHAU BHANDO

JUDGEMENT

(1.) THIS petition is by the heirs of the original tenant Chhabubai Shankar Bhande. They have challenged the order of the Maharashtra Revenue Tribunal by which the Tribunal has held that the transfer of the land in question, by the original landlord i. e. original respondent No. 2 Pandurang Balwant Bhutkar is not in contravention of section 37 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act ). The Maharashtra Revenue Tribunal has held that the landlord has ceased to use the land for the purpose for which he had obtained possession within a period of 12 years from the date on which he took possession.

(2.) THE petitioner Chhabubai Bhande now deceased is the wife of the former tenant of agricultural land bearing Survey No. 80/2-A/1, admeasuring 2 acres 20 gunthas, situate at village Bhongali, taluka Bhor, dist. Pune. The possession of the land was resumed by the former landlord Balu Pandharinath under section 31 read with section 29 of the Act for bona fide personal cultivation on 20-6-1959. On 26-5-1971 his legal heir Pandurang Balwant Bhutkar transferred the suit land by executing a registered sale deed of that date. On the same day, he executed a document on stamp paper stating that he has to go to Mumbai and, therefore, would hand over possession of the land later on. Eventually, the possession was handed over on 1-8-1971 on which date the purchaser Ramchandra Bhau Bhande (respondent No. 1) executed a receipt to the effect that he had obtained possession of the land.

(3.) CHHABUBAI filed an application on 2-3-1978 alleging that the landlord has sold the said suit on 26-5-1971 to Ramchandra Bhande by registered sale deed. She sought a declaration that the sale deed be declared invalid under section 84-C of the Act by reason of contravention of section 37 of the Act. Section 37 requires the landlord to use the land for the purpose for which he has obtained possession for a period of 12 years from the date on which he took such possession. If the landlord fails to use the land for the said purpose, the section casts a duty on the landlord to restore possession of the land to the tenant whose tenancy was terminated by him unless he obtains from the tenant his refusal in writing to accept the tenancy on the same terms and conditions.