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 appe