VISHNU KRISHNA KSHIRSAGAR Vs. SHRIKANT RAJARAM KALE

JUDGEMENT

(1.) HEARD Mr. B. R. Patil for the petitioner and Mr. Damle for the respondent. The petitioner is the tenant of Survey No. 425/b-2 situated at village Lonand, Taluka Khandala District Satara. He was the tenant since before 1-4-1957 and it is his case that he became a deemed purchaser under section 32 of the Bombay Tenancy and Agricultural Lands Act 1948 on or from 1-4-1957. He, therefore, applied to the Additional Tahsildar and A. L. T. Phaltan-Khandala and an order under section 32-G of the B. T. and A. L. Act came to be passed after due notice to the landlord on 30-12-1982. It appears from the record that the landlord thereafter filed an appeal before the Sub Divisional Officer raising objection on the ground that the landlord was minor and attained majority on 1-2-1973 and as such the petitioner tenant should have given notice to the landlord to purchase the land under section 32-F (1) (a), but since the tenant has failed to give any such notice, the order of the Additional Tahsildar was liable to be set aside.

(2.) THE appeal of the landlord was allowed and when the tenant - petitioner filed a revision before Maharashtra Revenue Tribunal, Pune, the same was also dismissed. It is, therefore, clear that both the Sub Divisional Officer Phaltan and Maharashtra Revenue Tribunal, Pune have accepted the contention of the landlord that it was obligatory on the tenant - petitioner to give a notice under section 32-F (1) (a) of the Tenancy Act within two years of the landlord attains majority.

(3.) IT has also been held by the Sub Divisional Officer and Maharashtra Revenue Tribunal that the order of the Additional Tahsildar dated 30-12-1982 was illegal and improper because the landlord was minor at that time and the right of the tenant to purchase the land was postponed till the landlord attains majority.