(1.) It is indeed unfortunate and depressing to note a short question as to whether the deceased original Applicant, hereinafter called as 'the Petitioner' is a tenant in respect of a small piece of land admeasuring 33 guntbas entitled to purchase the same under Section 32-G of the Bombay Tenancy Act, initiated as fat back as in the year 1967 is still pending decision upto this date.
(2.) The land in dispute being Survey No. 258/22-A Gazette No. 1794 was purchased by the predecessor of the Respondents some time in 1929. The said land was mortgaged to one Chapji Pagare on the 24th April 1931, who in turn assigned his rights to Ahila Chima Pagare on the 27th of April, 1935. On the 17th May, 1957 the said mortgage was redeemed by the present Respondents.
(3.) The proceedings under Section 32-G were initiated and the learned Addtional Tahsildar, by his judgment and order dated the 18th January, 1968 dropped the said proceedings on the ground that the Respondent No. 1 was then a minor and consequently the Tillers' Day bad been postponed. In the said proceedings the Respondent No. 3 landlady had duly appeared and her statement was recorded. In the said statement she deposed to the death of her husband and about her elder son - the Respondent No. 1 having attained majority and her minor son being still a minor. She expressed her unwillingness to sell the land and deposed that in case she wanted possession, the tenancy of the petitioner will be terminated within the prescribed time after the postponed Tillers' Day. The status of the petitioner as a tenant was never disputed by the Repondent No. 3.