SUBHADRABAI DIGAMBAR GODSE Vs. BHAU MAHADU BAGANE

JUDGEMENT

(1.) THIS petition has been referred to the division Bench by a learned single Judge of this Court as there is conflict of views between the judgments of this Court regarding the correct meaning and interpretation of the provisions of Clause (a) of Sub -section (5) of Section 33B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act'). Along with the petition has been placed Civil Application No. 3694 of 1977 for orders. That was a civil application for amendment in view of the Forty -second Constitutional Amendment. However, the application does not survive and has been withdrawn by Mr. Rane and no order is required to be passed on this civil application.

(2.) THE facts for the purpose of the controversy leading to the reference to the division Bench are these : The original petitioner, Shamrao Dattatraya Gosavi is now dead. However, we are referring to him as the petitioner in this judgment throughout for the purpose of convenience. But ultimately we will pass an order with reference to his heirs, who are brought on record. This course is being adopted to facilitate the various arguments raised where the original landlord is primarily relevant for determining the issue.

(3.) IN the meanwhile, and in the light of the amendment of 1957 to the Tenancy Act, the landlord applied and obtained a certificate under Section 88C on May 31, 1958. Thereafter the Tenancy Act was further amended by the introduction of chap. II -A with effect from February 9, 1961. Under this chapter a certificated landlord is permitted to terminate the tenancy of the excluded tenant in the manner provided by Section 33B and in the circumstances detailed therein. This chapter, in Section 33C also laid down the consequences if an application under Section 33B was not made by the certificated landlord. Accordingly, the petitioner -landlord gave a notice under Section 33B on December 26, 1961 and filed an application on March 23, 1962 under Sub -section (3) of Section 33B. It is this application which is being heard by us now.