Judgment

GOSWAMI, J.:- This petition by special leave is directed against the judgment of the Bombay High Court rejecting the appellant-landlords application under Articles 226 and 227 of the Constitution with regard to a revenue matter under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (briefly the Act). The second respondent thereinafter the respondent) was the cultivating tenant under the appellant-landlords. It was never in dispute in any of the earlier proceedings that the respondent was personally cultivating the land as a tenant.

2. On a report of the patwari submitted on April 6. 1963, the Agricultural Lands Tribunal, Malkapur, took action under Section 46 read with Section 48 of the Act for fixing the price of the land in possession of the respondent. The appellants contested the proceeding without success and an appeal preferred before the Special Deputy Collector for Tenancy met with the same fate. The appellants then preferred a petition of revision before the Maharashtra Revenue Tribunal, Nagpur that also failed. As noticed earlier eventually the High Court also rejected the writ application. The short question that had been persistently raised in all the earlier proceedings and has been strenuously urged by. Dr. Barlingay before us is whether m view of S. 43 (14A) of the Act the order of the Revenue Tribunal is legally sustainable.

3. In order to appreciate the above submission it is necessary to look at the relevant provisions

Section 41 (1) reads as follows :

41 (1). "Notwithstanding, anything to the contrary in any law, usage or contract but subject to the provisions of Sections 42 to 44 (both inclusive) a tenant other than an occupancy tenant shall, in the case of land held by him as a tenant be entitled to purchase from the landlord the land held by him as a tenant and cultivated by him personally".

It is not necessary to quote Sec. 42 which provides for the extent of land which a tenant may purchase under Section 41.

4. Section 43 (1) (a) and (14A) upon which much stress has been laid may be set out:

43 (1) (a). A tenant who desires to exercise the right conferred by Section 41 shall make an offer to the landlord stating the price at which he is prepared to purchase the land such price not exceeding twelve times the rent payable by him and the depreciated value of any structures, wells and embankments constructed and permanent fixtures made and the value of any trees planted on the 1038 land by the landlord after the period of the last Settlement or where no such Settlement is made during the period of thirty years before the commencement of this Act and the amount of the arrears of rent, if any, lawfully due on the day on which the offer is made".

43 (14A) "If a tenant fails to exercise his right of purchase under Section 41 in respect of any land or the purchase of any land becomes ineffective, the land shall be deemed to have been surrendered to the landlord, and thereupon the provisions of sub-sections (1) and (2) of S. 21 and Chapter VII shall apply to such land as if the land was surrendered by the tenant under Section 20".

5. The next material section is 46 (1) which reads as under :

46 (1). "Notwithstanding anything in this Chapter or any law for the time being in force or any custom, usage decree, contract or grant to the contrary, with effect on and from the first day of April 1961, the ownership of all lands held by tenants which they are entitled to purchase from their landlords under any of the provisions of this Chapter shall stand transferred to and vest in, such tenants and from such date such tenants shall be deemed to be the full owners of such lands:"

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Section 49A (1) may also be read:

49A (1). "Notwithstanding, anything contained in Section 41 or 46, or any custom, usage, decree contract or grant to the contrary but subject to the provisions of this section, on and from the 1st day of April 1963 the ownership of all land held by a tenant (being land which is not tra