- (1.) Special leave granted. Heard counsel for the parties on the appeal.
(2.) This appeal by special leave arises out of the judgment of the High Court of Bombay dated 9th November, 1983. It raises a short and an interesting point. Shripati Balla Jadhav, father of the appellants had executed a lease deed with regard to the suit land in favour of the landlord and taken the said land on lease. The said lease was for the purpose of cultivation of chillies, tobacco, sugarcane, groundnuts, etc. That is the version of the petitioners/appellants.
(3.) The question is, whether the lease was taken for the aforesaid purposes or was only for the cultivation of sugarcane alone. In deciding that question the terms of the lease will have to be borne in mind. Suo motu proceedings for fixing the price under S. 32G, Bombay Tenancy and Agricultural Lands Act, 1948 being Act No. LXVII of 1948 (hereinafter called the 'Act') was taken on the assumption that the tenant had become statutory purchaser by virtue of S. 32 of the said Act. The proceedings were dropped as some of the respondents were then minors. An order was made by Deputy Collector in appeal from the order of the trial court in proceedings under S. 32G of the said Act remanding the case to the trial Court on 31st March, 1973. Thereafter on 17th July, 1975, the Maharashtra Revenue Tribunal confirmed the order of remand made by Dy. Collector, in revision filed by the respondents herein. The High Court thereafter rejected the writ petition of the landlord against the order of ,the Tribunal and as such the proceedings under S. 32G, according to the appellant's herein, are still pending.;