AJIVAL GRACIOUS Vs. DOMINICA CHARLES GRACIOUS

JUDGEMENT

(1.) THE land in question is agricultural land bearing Survey No. 72 of Village Malwani in Taluka borivali (Bombay Suburban District ). Mrs. Dominica charles Gracious was the landlady in respect of the said land it appears that in proceedings under section 32g of the Bombay Tenancy And Agricultural lands Act (hereinafter referred to as the Act), the original Respondentt/land1ady conceded the claim of the Petitioner, on the basis of which, purchase price in respect of suit land was determined. Two years later, she preferred appeal before the appellate Authority, questioning the correctness of order passed under Section 32g proceedings. The appeal was dismissed on the ground of delay as well as on merits that since the landlady consented and invited the order, it was not open to her to file appeal. The Revisional Court, however, at the instance of the original Respondent/landlady reversed that decision and was pleased to set-aside the order passed by the Authority below.

(2.) BEFORE this Court, several contentions have been raised on behalf of the Petitioner to assail the correctness of the approach as well as the conclusion of the Revisional Court. For the time being, suffice it to observe that in the Writ petition, it is stated on affidavit that the original Respondent/landlady was not widow on the tillers day i. e. 1st April 1957, and if it is so, the Petitioner, being in lawful cultivation of the suit land on the Tillers day, has become deemed purchaser by operation of law. In other words, if this contention of the Petitioner is to be accepted, then no other argument need to be examined in detail.

(3.) TO get over this position, Mr. Hombalkar for the Respondent contends that this is a question of fact and has been raised for the first time before this Court, which ought not to be permitted. The fact remains that the Respondent has not filed any reply controverting the assertion made in the writ Petition and if that fact is correct, then it goes to the root of the matter. To support the stand taken in the Writ Petition, Mr. Karandikar for petitioner has pressed into service copy of the death Certificate in respect of the husband of the original Respondent, who died on 22nd December 1964.