GANGADHAR RAMESHWAR TELANG Vs. ANNA BHIMA GHUGARE

JUDGEMENT

(1.) This appeal raises an interesting point of law under the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 'Act'), as to whether a tenant of an agricultural land who could not become a deemed purchaser under section 32(1) read with section 34F(i)(b) of the Act by reason of her being a widow, could bequeath her tenancy rights by a will.

(2.) The facts giving rise to that question are these: Survey No. 24/2A of village Haripur taluka and district Sangli is of the ownership of the plaintiff. One Tarabai Bhimgonda Patil was admittedly a protected tenant of this land. Because she was a widow on the tillers' day, by an order (Ex. 19) dated 15th Dec. 1960, the Mamlatdar passed an order that the tiller's day in respect of that land was postponed under section 32F(i)(b) of the Act.

(3.) On 5th Feb. 1963, Tarabai executed two registered documents in favour of the defendant who is her sister's son viz. a gift-deed (Ex. 23) in respect of a house and other properties with which we are not concerned and Ex. 24, a will in respect of tenancy rights in the suit and another land with which we are not concerned. Tarabai died on 14th March 1953. On 26th July 1965, the plaintiff filed the suit giving rise to this appeal for possession of the suit land together with past mesne profits for two years and future mesne profits and costs from the defendant.