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SUPREME COURT OF INDIA
R.F. Nariman, R. Subhash Reddy, Surya Kant, JJ.
Vasant Ganpat Padave (D) By LRs & Ors. – Appellants
Versus
Anant Mahadev Sawant (D) Through LRs & Ors. – Respondents
CIVIL APPEAL NO.11774 OF 2018 WITH CIVIL APPEAL NOS.11775-11798 OF 2018
Decided On : 18-09-2019
(a) Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32-G - Notice to tenant or deemed tenant - In case of postponed dates u/s 32 and the right of a tenant in respect of tenancies created after Tillers’ Day - Tenant is to exercise his statutory right within the prescribed period - It is important that the tenant should know of the time within which he must exercise his rights. (Para 14)
(b) Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32-F (Pre-amendment) - Deemed tenancy on Tillers’ day - In case of a widow landlord on the Tillers’ day cultivating tenant does not statutorily become owner of the agricultural land cultivated personally by him on Tillers’ Day - This is postponed till death of the widow or date of transfer of her rights - The successor may apply within one year for resumption of the land on the ground that he himself wishes to cultivate the land - If it is not done, cultivating tenant’s right to purchase fructifies - Even if the tenant does not know when the minor became major or when the widow died or transferred her share, his right would cease on the expiry of one year. (Para 15, 16)
(c) Interpretation of statute - Golden rule of literal meaning - Deviation - When leads to absurdity - Court can modify or strike out or supply certain words. (Para 23, 24, 25)
(d) Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32F and 32-F(1)(a) - Landlord suffering from disability of being minor, widow or having mental or physical disability -
Section 32-F confers the tenant a right to purchase within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy u/s 31 after his/her disability ceases to exist - Section 31-2-F(1)(a) - Amendment 1969 requiring only a minor to sent intimation to tenant after attaining majority, i.e., after his disability cease to exist - No mention of widow or person with physical and mental disability - Would result in absurd results - The words “.. of the fact that he has attained majority..” directed to be deleted. (Para 36)
(e) Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32-F(1)(a) - Section referring to three categories of landlords - However the 1969 amendment giving gave relief to tenants only qua minor landlords and not the other two categories - Violative of Article 14, Constitution of India - However, instead of striking down the whole provision Court deleting only the words “.. of the fact that he has attained majority..” making the provision applicable to all three categories and removing discrimination. (Para 39, 40, 44)
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 10-5-1950 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 Bombay Tenancy and Agricultural Lands Act, 1948 was amended by Act 15 of 1957. Section 32 as amended provided that on 1-4-1957 (Tillers' Day), every tenant shall be deemed to have purchased from the landlord free from all encumbrances the land held by him as a tenant. The predecessor of the appellants were tenants prior to 1956-1957 i.e. prior to 1-4-1957. The proceedings for declaring the appellants as purchaser under Section 32-G were initiated during the 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 32-G are suspended. On 12-5-1975, Smt Indirabai Balwant Sawant executed last will and testament in favour of Anant Mahadev Sawant, Respondent 1. Smt Indirabai Balwant Sawant died on 7-5-1999. The name of Respondent 1 was mutated in the revenue records on 29-2-2000, with regard to which no notice was issued to the appellants.
In the year 2008, when the appellants came to know that the landlady has died and in her place, name of Respondent 1 has been mutated, they filed an application on 5-9-2008 before Respondent 2 — Additional Tahsildar & A.L.T. Ratnagiri, Maharashtra for fixing the purchase price under Section 32-G of the Maharashtra Tenancy and Agricultural Lands Act, 1948. Respondent 1 filed reply and opposed the said application. Respondent 2 allowed the application of the appellants by order dated 9-9-2011. Respondent 2 held that predecessors of the appellants were tenants prior to 1956-1957. Proceedings under Section 32-G for declaring the appellants as purchasers were initiated during the lifetime of the landlady and the same were suspended on 8-1-1964 during the lifetime of the landlady being a widow. Respondent 2 fixed the purchase price and directed the appellants to deposit the same to enable issue of sale certificate in favour of the appellants. Aggrieved against the order dated 9-9-2011, Respondent 1 filed an appeal under Section 74 of the 1948 Act before
The appellants filed a revision application before the Maharashtra Revenue Tribunal which was dismissed.. Against the judgment of the Maharashtra Revenue Tribunal, writ petitions were filed all of which were dismissed.
Finding of the Court:
The object of the Amendment Act of 1969 is relevant and applicable in deciding the scope of the right to purchase by a tenant of a landlord who was a widow or suffering from mental or physical disability on Tillers’ day.
The successor-in-interest of a widow is obliged to send an intimation to the tenant of cessation of interest of the widow to enable the tenant to exercise his right of purchase.
Result : Appeals allowed.
JUDGMENT
R.F. Nariman, J.
1. This case has been referred to a Three Judge Bench by a detailed judgment of a Division Bench of this Court reported as Vasant Ganpat Padave v. Anant Mahadev Sawant (2019) 2 SCC 788. The relevant facts that are necessary for determination of the controversy before us are set out in paragraphs 3 to 5 of the referral order as follows:
“3. 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 10-5-1950 leaving behind Smt Indirabai Balwant Sawant, his widow as his legal heir and representative. Smt Indirabai Balwant Sawant, widow became the owner of the said property. Her name was mutated in the revenue records. The Bombay Tenancy and Agricultural Lands Act, 1948 was amended by Act 15 of 1957. Section 32 as amended provided that on 1-4-1957 (Tillers' Day), every tenant shall be deemed to have purchased from the landlord free from all encumbrances the land held by him as a tenant. The predecessor of the appellants were tenants prior to 1956-1957 i.e. prior to 1-4-1957. The proceedings for declaring the appellants as purchaser under Section 32-G were initiated during the 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 32-G are suspended. On 12-5-1975, Smt Indirabai Balwant Sawant executed last will and testament in favour of Anant Mahadev Sawant, Respondent 1. Smt Indirabai Balwant Sawant died on 7-5-1999. The name of Respondent 1 was mutated in the revenue records on 29-2-2000, 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 1.
4. In the year 2008, when the appellants came to know that the landlady has died and in her place, name of Respondent 1 has been mutated, they filed an application on 5-9-2008 before Respondent 2 — Additional Tahsildar & A.L.T. Ratnagiri, Maharashtra for fixing the purchase price under Section 32-G of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as “the 1948 Act”). Respondent 1 filed reply and opposed the said application. Respondent 2 allowed the application of the appellants by order dated 9-9-2011. Respondent 2 held that predecessors of the appellants were tenants prior to 1956-1957. Proceedings under Section 32-G for declaring the appellants as purchasers were initiated during the lifetime of the landlady and the same were suspended on 8-1-1964 during the lifetime of the landlady being a widow. Respondent 2 fixed the purchase price and directed the appellants to deposit the same to enable issue of sale certificate in favour of the appellants. Aggrieved against the order dated 9-9-2011, Respondent 1 filed an appeal under Section 74 of the 1948 Act before Respondent 3, Sub-Divisional Officer, Ratnagiri, Maharashtra. Respondent 3 allowed the appeal vide its order dated 8-1-2013. Respondent 3 held that the appellant ought to have issued notice under Section 32-F within the time as prescribed and no notice having been issued within the time as prescribed, the appellants have lost right of purchase.
5. The appellants, aggrieved by the order of the Sub-Divisional Officer, filed a revision application before the Maharashtra Revenue Tribunal. There were other revisions filed by several other tenants who were aggrieved by the order of the Sub-Divisional Officer. The Maharashtra Revenue Tribunal by a common order dated 20-4-2013 dismissed the revisions and confirmed the order of the Sub-Divisional Officer. The Maharashtra Revenue Tribunal held that applicants were under legal obligation to give intimation expressing their desire to purchase within time stipulated under Section 32-F, which having not been given, no right of purchase is available
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