PANDHARINATH SAKHARAM CHAVAN Vs. RAMU KRISHNA KATE

JUDGEMENT

(1.) This writ petition raises an interesting question as to whether the heirs of a deceased tenant are entitled to the benefit of sub-section (1-B) of section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Act.

(2.) The question arises on the following facts :--- One Rama Krishna Kate was the tenant of four agricultural lands situated at village Venegaon, Tahsil and District Satara. He was dispossesses by the landlord Raghunath Krishna Panchopar, after June 1955 and prior to 1st April, 1957.

(3.) Sub-section (1-B) of section 32 of the Act was inserted by section 2 Schedule of Maharashtra Act No. 49 of 1969, which came into force on 17th October, 1969. Prior to the coming into force of that sub-section, the tenant Ramu Krishna had died. The Tahsildar started suo motu enquiry under sub-section (1-B) of section 32 are directed restoration of the possession to the heirs of the deceased tenant Ramu Krishna Kate. That order was disturbed by the Assistant Collector but the Tribunal allowed the revision application and restored the order of the Tahsildar Satara. This would now enable the heirs to exercise the right of statutory purchase of the said land in terms of sections 32 to 32-R of Act.