AMRUTRAO RATNAKAR RAJADNYE Vs. KRISHNA SAKHARAM PATIL

JUDGEMENT

(1.) THIS is a petition by a landlord against the order of the Maharashtra Revenue Tribunal dated 17th February, 1983. The facts giving rise to this petition are as under :--

(2.) THE respondent tenants admittedly were tenants in possession on 1st April 1957 and in terms of section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948 would have been considered to be deemed purchaser. An application accordingly was moved by them indicating their desire to purchase the land and pay the purchase price. The application under section 32-G was numbered as Inquiry No. 90/kerle by the Mamlatdar and Agricultural Land Tribunal, Karvir. By an order dated 14th December 1959, the Agricultural Land Tribunal held that the petitioner landlord from the date of birth as produced by him was a minor and as such the tenant was not entitled to purchase the land on 1st April 1957. This was due to the fact, that in respect of certain categories of persons as set out in section 32-F of the Bombay Tenancy and Agricultural Lands Act the date of purchase is deferred. Accordingly, the Mamlatdar held that the respondent tenants were not entitled to purchase the suit land on 1st April 1957. In the order, however, it was set out that the respondents tenants may exercise the right of purchase within a period of one year during which the petitioner landlord is entitled to terminate the tenancy under section 31 of the Act. It is further set out in the said order, that after that the tenant can give an intimation to the landlord and the tribunal within one year referred to above in terms of 32-F of the Bombay Tenancy and Agricultural Land Act. If the date 1st April 1942 is considered, the petitioner landlord would attain majority on 1st April 1960.

(3.) BEFORE traversing and considering the other facts, it would be essential to look at the provisions of section 32-F of the Bombay Tenancy and Agricultural Lands Act. Section 32-F of the Act contemplates that notwithstanding anything contained in the other provisions, including section 32, a landlord who, is a minor or widow or a person subject to mental or physical disability shall have a right to purchase such land under section 32. Thereafter the tenant after the expiry of the period during which such landlord is entitled to terminate the tenancy under section 31 could exercise his right to purchase. There have been some amendments in the year 1969 which provides that for enabling the tenant to exercise the rights 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. In other words what the section contemplates is that such disabled category of landlords in terms of section 31 of the Act are entitled to terminate the tenancy and for that purpose the deemed date of purchase is deferred. If such a disabled category of landlord does not exercise their rights to purchase the land within the said period of one year then the tenant within the time stipulated can exercise his rights. On a failure by the tenant to exercise the rights certain consequences follow which includes termination of tenancy and in that event the landlord has a first right to be given possession if he is otherwise entitled to.