BANDU DHANAJI AHIRE Vs. CHATURSING PARWATRAO THOKE
HIGH COURT OF BOMBAY
BANDU DHANAJI AHIRE
CHATURSING PARWATRAO THOKE
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G.N. Vaidya, J. -
(1.) A rather interesting question of interpretation of Sec. 32 -0 of the Bombay Tenancy and Agricultural Lands Act, 1948, in the context of the tenancies created under Sec. 8 of the Maharashtra Revenue Patels (Abolition of Office) Act, 1962, arises in these two petitions under Article 227 of the Constitution of India.
(2.) The relevant facts may be briefly stated as follows :
The lands in dispute are survey Nos. HO/1 and 4 of village Hingave, Taluka Kalwan, District Nasik, and survey Nos. 126 and 128 of the village. The lands were originally Inam lands Cass VI -B. Respondent No. 1 in the two petitions was the Inamdar. The petitioner in Special Civil Application No. 1011 of 1968 was the tenant of survey Nos. 140/1 and 4 of village Hingave. The petitioner in Special Civil Application No. 1091 of 1968 was the tenant of survey Nos. 126 and 128. The Inams were abolished under the Maharashtra Revenue Patels (Abolition of Office) Act, 1962, with effect from January 1, 1963. It is not disputed that the lands were re -granted to respondent No. 1 under Sec. 5 of the Maharashtra Revenue Patels (Abolition of Office) Act, 1962. Sec. 8 of the said Act provided :
8. If any watan land has been lawfully leased and such lease is subsisting on the appointed day, the provisions of the relevant tenancy law shall apply to the said lease, and the rights and liabilities of the holder of such land and his tenant or tenants shall. subject to the provisions of this Part, be governed by the provisions of that law:
Provided that, for the purposes of application of the provisions of the relevant tenancy law in regard to the compulsory purchase of land by a tenant, the lease shall be deemed to have commenced from the date of the re -grant of the land under Sec. 5 or 6 or 9, as the case may be.
Explanation. - For the purpose of this section, the expression 'land' shall have the same meaning as is assigned to it in the relevant tenancy law.
(3.) The Agricultural Lands Tribunal and Mamlatdar, Kalwan, started proceedings under Sec. 32 -G of the Bombay Tenancy and Agricultural Lands Act, 1948 and declared the tenants to be the statutory purchasers of the said lands as the petitioners were cultivating the lands as tenants for a number of years, even prior to the tillers' day under the Tenancy Act i. e. April 1, 1957.;
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