GANPATLAL BALDEO CHAMEDIA Vs. PURUSHOTTAM RAMGOPAL BAJORIA

JUDGEMENT

(1.) This is a writ petition arising out of the proceedings under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (for short, "the Tenancy Act").

(2.) Survey No. 73 admeasuring 27 acres 4 gunthas of Yeotmal originally belolnged to the respondent No. 1. The petitioner was a tenant in respect of the aforesaid field, hereinafter referred to as "the suit land". The petitioner purchased the suit land on 22-4-1970 under the provisions of the Tenancy Act. On 24-4-1970 he mortgaged the suit land with the respondent No. 2 i.e. the Yeotmal District Land Development Bank Ltd., Yeotmal.

(3.) The respondent No. 1 i.e. the original owner of the suit land filed an application on 6-10-1972 under Section 122 of the Tenancy Act complaining that the petitioner has committed a breach of Section 57 insofar as the petitioner has mortgaged the suit land without the previous sanction of the Collector. Sub-clause (k) of Rule 31-A (1) of the Rules framed under the Tenancy Act specifically requires the sanction of the Collector for mortgaging the land for securing a loan from the Government or a co-operative society. 1Section 119-B of the Tenancy Act renders invalid the acquisition of any land under transfer which is invalid under the provisions of the Tenancy Act and further makes such acquisition liable to consequences provided for in Section 120 or 122 of the Tenancy Act.