KAMLABAI REKHCIIAND DANGRA Vs. NAYABRAO HANSRAO DESHMUKH

JUDGEMENT

(1.) This order will govern the disposal of all these petitions under Art. 227 of the Constitution. The petitioners are all landlords whose applications for possession have been dismissed ultimately by the Maharashtra Revenue Tribunal on a certain interpretation regarding the effect of section 46 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act of 1958. Hereafter this Act shall be referred to as Vidarbha Tenancy Act.

(2.) The question that is posed for consideration is as to the effect of the provisions of section 46 of the Vidarbha Tenancy Act on the rights of landlords and tenants after April 1, 1961. This section is one of the sections in Chapter III of the Act. That Chapter is itself divided into four parts. Sections 38, 39, 39-A and 40 deal with termination of tenancies for personal cultivation. Sections 41, 42, 43, 44 and 45 deal with the rights of tenants to purchase land. The following sections of the Chapter, namely, sections 46, 47, 48, 49, 49-A and section 50 deal with compulsory transfer of ownership of lands to tenants, and the last part comprising of sections 51, 52, 53, 54, 55, 56 and 57 provide for other rights and liabilities of tenants.

(3.) The scheme of Chapter III shows that landlords were permitted to terminate tenancies of their tenants if they needed land bona fide, for personal cultivation. Different categories of landlords have been given this right in sections 36, 39 and 39-A. A date line was fixed for giving of a notice and also for making an application for possession. In the case of landlords of certain categories namely, (a) minor, (b) a widow, (c) a landlord who was a serving member of Armed Forces, and (d) a person subjected to any physical or mental disability, the period of giving of a notice or of making an application has been extended in each of these cases. This period is different for different categories of landlords under this classification. A ceiling has been fixed as to the area of land of which possession can be claimed and also the minimum of land which must be left with the tenant has been indicated. The right to get possession of the land for bona fide cultivation is again made subject to various conditions required to be fulfilled by a landholder as provided in sub-section (3) of section 38.