SHANKAR GENU GANESHKAR Vs. KRISHNA APPA TELI

JUDGEMENT

(1.) THIS petition raises a short yet important question of law as to whether rejection of an application under section 31 of the Bombay Tenancy and Agricultural Lands act, 1948 (for short, "the Act") as not tenable, would amount to availing and exhaustion of the right of resumption resulting inapplication of section 32f (1) (a)of the Act and prevents further postponement of the right to purchase contemplated thereunder and entitles the tenant to claim the benefit of the first proviso to section 31 (1) (b) and become a statutory purchaser. In other words, if a widow makes an application for termination of tenancy for bonafide cultivation under section 31 and if her application is rejected as not maintainable, whether the tenant becomes a statutory owner on the date on which the final order of rejection of the application in respect of such land was passed by treating such date as the postponed date for the purpose of tiller's day under section 32.

(2.) THE factual matrix, that would be relevant and material for deciding the question involved, in brief, is as follows.

(3.) I heard this petition for quite some time, perused the impugned judgments and other material placed before me with the assistance of the learned counsel appearing for the parties.