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1981 Supreme(SC) 409

R.B.MISRA, A.D.KOSHAL, D.A.DESAI
Rukhamanbai – Appellant
Versus
Shivram – Respondent


Advocates:
A.G.Ratnaparkhi, C.K.Suchitra, G.L.SANGHI, M.C.BHANDARE, Sunanda Bhandare, T.SHRIDHARN

Judgment

DESAI, J.:- In the wake of agrarian reforms initiated by the Bombay Tenancy and Agricultural Lands Act, 1948 (Tenancy Act for short) an amendment of far reaching and revolutionary character was introduced in 1956 so as to eliminate every intermediary between the tiller of the soil and the State. The title of the landlord to the land passes immediately to the tenant on the tillers day and there is a completed purchase or sale thereof as between the landlord and the tenant. The title of the land which was vested originally in the landlord passes to the tenant on the tillers day or the alternative period prescribed in that behalf. This title is defeasible only in the event of the tenant failing to appear or making a statement that he is not willing to purchase the land or committing default in payment of the price thereof as determined by the Agricultural Lands Tribunal (See Sri Ram Ram Narain Medhi v. The State of Bombay (1959) Suppl 1 SCR 489 at p. 519.

2. Section 32 provided that on April 1, 1957 styled the tillers day, a tenant of agricultural land covered by the Tenancy Act would become the owner of the land held by him if other conditions specified in the section were ful


































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