2018 Supreme(SC) 1254

SUPREME COURT OF INDIA
ASHOK BHUSHAN, AJAY RASTOGI, JJ.
Vasant Ganpat Padave (D) By Lrs. & Ors. – Appellants
Versus
Anant Mahadev Sawant (Dead) Thru Lrs. & Ors. – Respondents
Civil Appeal No. 11774 of 2018
With
Shri Arjun Hari Kamble & Etc. Etc. – Appellants
Versus
Anant Mahadev Sawant (Dead) Thru Lrs. & Ors. – Respondents
Civil Appeal Nos. 11775-11798 of 2018
Decided On : 14-12-2018

IMPORTANT POINT
Period prescribed for exercising the right to purchase u/s 32F is not a period of limitation but a reasonable period prescribed for exercise of a right. Such period would commence only from the date of knowledge of cessation of disability of landlord by the tenant. Such right can be defeated only when tenant does not exercise it even after knowledge of cessation of landlord’s disability.

Headnote:(a) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32G and 31(3) – Tenants deemed to have purchased land on the tillers day – Predecessor-in-interest of the appellants were tenants of the land since before 01.04.1957 – On the relevant day, i.e. the Tillers Day, however the land was held by Smt. Indirabai Balwant Sawant, a widow – Deemed purchase stood suspended u/s 31(3) – Widow executing a Will bequeathing the property to respondent 1 – After death of the widow respondent 1 becoming landlord on 07.05.1999 – Had right u/s 31(3)(ii) to notify appellants termination of tenancy and possession, if any, within one year of 07.05.1999 – Instantly neither any notice given by the widow in her lifetime nor her successor-in-title, i.e. respondent No.1 for termination of tenancy within one year from 07.05.1999 – Appellants failing to exercise their right of purchase within statutory two years of respondent 1 becoming the landowner – Held, they lost their right to purchase. (Para 13, 26)

       (1999) 4 SCC 443; (2006) 7 SCC 200; (2008) 9 SCC 358; (1983) 3 SCC 437; (1995) 5 SCC 243 – Referred

       (b) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32(1)F(a) – Act envisaging disability of landlord to terminate tenancy in three conditions, namely a minor, a widow and person with mental or physical disability – Section 32(1)F(a) providing mandatory period of notice by a minor landowner on attaining majority – Not considering case of successor-in-interest of a widow or cessation of mental and physical disability of a landowner – Held there is no distinction in the three categories and all the three categories of tenants should be extended the same benefit. (Para 32)

       (c) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32(1)F(a) – Instantly appellant not aware of death of widow landlady – Filing application u/s 32f on coming to know of the death – Knowledge of death, held a relevant factor – Right of tenant u/s 32f cannot be defeated on the ground that it was not exercised within period prescribed when the tenant is unaware as to when the period has begun. (Para 33, 34)

       (d) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32F – Period prescribed for exercising the right to purchase – Not a period of limitation but a reasonable period prescribed for exercise of a right – Held, such period would commence only from the date of knowledge of cessation of disability of landlord by the tenant – Such right can be defeated only when tenant does not exercise it even after knowledge of cessation of landlord’s disability. (Para 35, 36)

       (e) Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32(1)F(a) – In Appa Narsappa; Sudam Ganpat Kutwal; Tukaram Maruti amendments made by Act 49 of 1969 neither raised nor considered – Ratio of these judgments needs to be reconsidered and explained – Matter referred to larger Bench. (Para 37)

       (1999) 4 SCC 443; (2006) 7 SCC 200; (2008) 9 SCC 358 – Referred

       Facts of the case:

       One Balwant Sawant was landlord of Survey No.92/2, corresponding to new Survey No. 31 Hissa No.2/10, admeasuring about 0.01.3 H.R. at Village Padavewadi, Taluka & District Ratnagiri. Balwant Sawant died on 10.05.1950 leaving behind Smt. Indirabai Balwant Sawant, his widow as his legal heir and representative who became the owner of the said property. Her name was mutated in the Revenue Records.

       The predecessor of the appellants were tenants prior to 1956-1957, i.e. prior to 01.04.1957. The proceedings for declaring the appellants as purchaser were initiated during lifetime of the landlady, Smt. Indirabai Balwant Sawant but the mutation entry No. 1341 recorded that since landlady Indirabai Balwant Sawant is a widow, the proceedings as contemplated under Section 32G are suspended. On 12.05.1975, Smt. Indirabai Balwant Sawant executed last Will and Testament in favour of Anant Mahadev Sawant, respondent No.1. Smt. Indirabai Balwant Sawant died on 07.05.1999. The name of respondent No.1 was mutated in the Revenue Records on 29.02.2000, with regard to which no notice was issued to the appellants, hence they were not aware of either the death of Indirabai or mutation in favour of respondent No. 1.

       In the year 2008, when the appellants came to know that landlady has died and in her place name of respondent No.1 has been mutated, they filed an application on 05.09.2008 before respondent No.2 Additional Tahsiladar & A.L.T. Ratnagiri, Maharashtra for fixing the purchase price under Section 32G of the Maharashtra Tenancy and Agricultural Lands Act, 1948. The respondent No.2 allowed the application of appellants. Respondent No.2 fixed the purchase price and directed the appellants to deposit the same to enable issue of Sale Certificate in favour of the appellants. The respondent No.1 filed an appeal before the respondent No.3-Sub-Divisional Officer, Ratnagiri, Maharashtra. The respondent No.3 allowed the appeal.

       The appellants filed a Revision Application before the Maharashtra Revenue Tribunal which was dismissed. Writ petitions were filed by the appellants which were dismissed by common judgment of the High Court.

       Finding of the Court:

       Appa Narsappa; Sudam Ganpat Kutwal and Tukaram Maruti needs reconsideration.

       Result: Matter referred to larger Bench.