HARSHAVARDHAN SHRINIVAS POTNIS Vs. MAHADU PUNDALIK GANGURDE

JUDGEMENT

(1.) This petition has been referred to the Division Bench because the view taken by a learned Single Judge of this Court in Tungabhadrabai v. Nanasaheb, (1976) 78 Bom LR 395 was doubted by the learned Single Judge who had heard the petition in so far as the decision in Tungabhadrabai's case, holds on a construction of section 32-F of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the "Tenancy Act") that if one person of exempted category is succeeded by another person of the exempted category, the Tillers' day is postponed till the disability of the successor ceases.

(2.) It is necessary to briefly state the tacts on which the questions raised in the petition have to be decided. Fields Survey Nos. 44 and 45 of village Kotamgaon, Tahsil Niphad, District Nasik, belonged to one Girijabai, who was admittedly a widow and had not exercised her right of resumption under Section 31 till her death. Girijabai died on 4/6/1965. By a will executed by her, she bequeathed the two fields in question in favour of the Petitioner who was then minor having been born on 13/6/1956. He attained majority on 13/6/1976.

(3.) Proceedings under Section 32-G of the Tenancy Act were commenced by the Tahsildar of Niphad. While determining whether the Respondent-tenant was entitled to purchase the fields, the Tahsildar took the view that the tenant having failed to give an intimation as contemplated by Section S2-F (1) (a) within the prescribed period, the purchase had become ineffective and directed that the lands should be disposed of under Section 32-P of the Tenancy Act. In appeal, the Additional Collector, Nasik, held that since the petitioner was a minor, the Tillers' day was postponed for the second time till the petitioner attained majority. This order was confirmed by the Maharashtra Revenue Tribunal while dismissing the Revision Application filed by the petitioner.