NAGO DATTU MAHAJAN Vs. YESHODABAI HUNA MAHAJAN

JUDGEMENT

(1.) THE petitioner is the tenant of the lands in dispute, while respondent No. 1 is the owner thereof. Respondent No, 1 has been a widow since before the tillers' day on April 1, 1957. Her application for possession of the lands, for personal cultivation, under Section 31(7) read with Section 29 of the Bombay Tenancy and Agricultural Lands Act of 1948 (hereinafter referred to as 'the Act'), made before March 31, 1957, was rejected on December 26, 1958 and this order was finally confirmed by the Revenue Tribunal in revision on June 15, 1964.

(2.) THE petitioner claimed to have become the statutory purchaser of the land on June 15, 1964 under Section 32(7)(I). The Agricultural Lands Tribunal accepted his claim and fixed the price of the land under Section 32G of the Act. This order was virtually confirmed in appeal with slight modifications. Respondent's revision to the Revenue Tribunal, however, was accepted. The Tribunal held that the claim was covered by &. 32F (7)(a) of the Act under which a tenant cannot claim automatic vesting of ownership, but he continues to be such tenant till widow dies and certain stages are completed thereafter. The Tribunal followed the judgment of Bal J. in the case of Havabibi A. Gulam Chafekar v. Shaikh Ebrahim Baba Tamlu. (1969) Special Civil Application No. 2707 of 1968, decided by Bal J., on February 5 of 1969, 1989 (Unrep.). The validity of this order is challenged in this Special Civil Application.

(3.) SECTION 32F (7) of the Act regulates the procedure for statutory purchase of lands held by those tenants who do not become such purchasers automatically under Section 32. Nows. 32F (7) consists of two Clauses (a) and (b). Clause (a) deals with the claims of tenants of the 'disabled' landlords, while Clause (&) deals with the claims of those tenants who are themselves 'disabled'. It is not disputed that a tenant would not become a statutory purchaser automatically on June 15, 1964, if his claim is covered by the provision of Section 32F (1)(a). The relevant portion of this provision reads as follows: (1) Notwithstanding anything contained in the preceding sections -(a) where the landlord is a minor, or a widow, or a person subject to any mental or physical disability the tenant shall have the right to purchase such land under Section 32 within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy under Section 31 and for enabling the tenant to exercise the right of purchase, the landlord shall send an intimation to the tenant of the fact that he has attained majority, before the expiry of the period during which, such landlord is entitled to terminate the tenancy under Section 31.