Dharmadhikari, J. - (1.)The petitioner is landlord of the lands involved, within the meaning of provisions contained in Chapter III of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act). The petitioner feels aggrieved by the impugned order dated 17th November, 1997 of the learned single Judge of the High Court of Bombay whereby, reversing concurrent findings and orders of the three forums under the Act, the case has been remanded to the original authority, i.e. Additional Tehsildar-A.L.T., Karvir, District Kolhapur for deciding afresh the proceedings initiated under Section 32-G of the Act.
(2.)The provisions of the Act came up for consideration of this Court in the case of Patel Chunibhai Dajibhai etc. vs. Narayanrao Khanderao Jambekar and another, (1965) 2 SCR 328); Amrit Bhikaji Kale and others vs. Kashinath Janardhan Trade and another, (1983) 3 SCC 437 and Balchandra Anantrao Rakvi and others vs. Ramchandra Tukaram (D) by LRs and another, (2001) 8 SCC 616. In the case of Balchandra Anantrao Rakvi and others (supra), the scheme of the Act was examined and it was stated :- the scheme of the Act gives effect to the policy "land for the tiller" by clothing all the tenants with the right of ownership of the lands cultivated by them personally. A two-fold strategy is adopted in the Act - first, by making every tenant a deemed purchaser of the land personally cultivated by him under Section 32 of the Act and secondly, by conferring on the tenant, in specified cases, the right to purchase the land from the landlord, under Section 32 of the Act, held by him under personal cultivation.
(3.)The case of the landlord before the authorities was that on "Tillers Day" i.e. on 1st April, 1957, he was minor and, therefore, in his case the "Tillers Day" gets postponed till the expiry of period of one year from the date he attained majority. Before the authorities under the Act, he had proved his date of birth from School Leaving Certificate to be 18-2-1954 and, therefore, he became major on 18-2-1972. The landlords case is that during his minority the original respondent-tenant (now deceased and represented by his Legal Representatives) had defaulted in payment of agreed rent consecutively for more than three agricultural years. His tenancy, therefore, was terminated in accordance with the provisions of Section 31 read with Section 14 of the Act by notice dated 17-1-1961. After termination of the tenancy, the landlord, through his natural guardian mother, instituted proceedings under Section 29(2) of the Act in the Court of Tenancy Aval Karkun, Taluka Karvir, (registered as Tenancy Case No. 15 of 1969) and obtained an order dated 31-12-1969 in his favour directing the tenant to handover possession of the agricultural lands involved being Revenue Survey Nos. 60 and 61 (now Block No. 131) in village Arale. It is submitted that in the order passed in proceedings for obtaining possession of the land, it was held that as the lands were given for sugarcane cultivation, in accordance with provisions of Section 43-A, the provisions contained in Section 32 of the Act conferring status of deemed purchaser on the tenant on the "Tillers Day were not applicable.