BAPU DNYANU PATIL Vs. SADASHIV RAMCHANDRA JOSHI

JUDGEMENT

(1.) THESE three applications raise the question of construction of the provisions of Section 32P of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act of 1948). In each of these cases either the landlord or the tenant was a person under disability and the provisions of Section 32F had to be applied.

(2.) IN Special Civil Application No. 1159 of 1965 the proceedings were commenced under Section 32G of the Act. The Additional Mamlatdar fixed the value of the land and directed it to be paid by instalments as provided in his order. The appeal of the landlord before the Special Deputy Collector failed. The landlord took a revisional application to the Revenue Tribunal which was heard by a Bench consisting of the President, and a Member of the Tribunal. The Tribunal set aside the order on the ground that as Section 32P of the Act was applicable and as the tenant had not exercised the option within one year of his right to purchase having come into existence as provided by the said section, the order under Section 32G was bad. In, this case the tenant was minor during the relevant period, he became major on March 16, 1958, but did not 'exercise his right at any time until after the proceedings were commenced under Section 32G of the Act.

(3.) IN Special Civil Application No. 2008 of 1966 the landlord was a minor on the deemed date. He attained majority on March 30, 1963 and in terms of Section 31(5) of the Act he terminated the tenancy of the petitioner and then filed an application. This application was decided finally on August 9, 1966. In the meantime he also made an application under Section 88C of the Act which was dismissed on June 27, 1966. The petitioner gave intimation of his desire to purchase the land on August 5, 1966. The present proceedings were commenced on June 29, 1965, The Additional Mamlatdar held that as the tenant had failed to exercise his discretion to purchase the said land, the land should be disposed of under Section 32P of the Act.