ZOROASTRIAN ANJUMAN FUNDS TRUST Vs. CHIMANAJI JAYARAM MALI

JUDGEMENT

(1.) By this Writ Petition the petitioner/trust challenges the judgment and order passed by the Agricultural Lands Tribunal and Tahsildar, Dhule in Tenancy Case No. 3 of 1986 decided on 19.4.1986; as modified by the Sub-Divisional Officer, Dhule Division, Dhule in Tenancy Appeal No. 10 of 1986 decided on 3.7.1987; as confirmed by the Maharashtra Revenue Tribunal at Bombay in Tenancy A.No. 173 of 1987 decided on 6.4.1990 holding that the respondent/ tenant Chimnaji was entitled to purchase land Survey No. 12/2, situated at Dhule for the purchase price of Rs. 27,465.60 ps. under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948.

(2.) As per the petitioner/trust, the Agricultural Lands Tribunal, the Sub-Divisional Officer and the Maharashtra Revenue Tribunal failed to appreciate section 43-C along with its proviso under the Bombay Tenancy and Agricultural Lands Act, 1948. It is stated that due to misinterpretation, the three authorities have held that original respondent Chimnaji, who is now represented by his legal representatives, was entitled to statutory purchase on tillers day. Thus the exception carved out by section 43-C of the Bombay Tenancy and Agricultural Lands Act, 1948 is ignored and even though original respondent Chimnaji was protected tenant, he was only entitled to continue in possession of the property as tenant and since property was within Municipal limits of Dhule Municipal Council (as it was earlier and now within limits of Dhule Municipal Corporation), there could not be statutory purchase by the tenant on tillers' day.

(3.) At Annexure 'A' with the Writ Petition, the V.F. 7/12 extract of the property in dispute, namely, Survey No. 12/2, situated at Deopur, Dhule is produced. The entries are from 1951-52 to 1964-65. In other rights column it is mentioned that since land is within Municipal limits the tenant was not entitled to purchase. Chimna Jairam Mali was protected tenant under section 3-A (of the Bombay Tenancy and Agricultural Lands Act, 1948). In the cultivation column, name of Chimna Jairam Mali is shown as cultivator. Mode of cultivation is '3' i.e. as a tenant. There is also one well in the land.