The landlord's entitlement to resume land for personal cultivation is subject to the conditions mentioned in Section 33B(5)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948. In cases of joint tenancies, the computation of land to be restored to the landlord must be done by notionally dividing the leased land among the joint tenants and allocating the respective shares based on the principles laid down in the case of Chunnilal Bhailal Wani.

JUDGMENT :

Aravind Kumar, J.

1. The appellants are the legal heirs of original landlord, Keshav Bhaurao Yeole (hereinafter referred to as “landlord” for ease of reference). Survey No. 291 (admeasuring 26 acres 13 guntas) and Survey No. 290/1 & 290/2 (admeasuring 8 acres 21 guntas) had been given on lease to Respondent Nos. 2 & 5 (now deceased) namely Murlidhar Damodar Modhave & Bhausaheb Damodar Modhave and Respondent No.1 namely Kundalik Damodar Modhave (now deceased) respectively, (hereinafter referred to as “tenants”) through two separate lease deeds dated 30.08.1962, for a period of 13 years. The lease in respect of Survey No. 291 was specifically executed for cultivation of sugarcane crop, whereas the lease for Survey No.290/1 & 290/2 were for cultivation, generally.

2. On the expiration of the tenure of the lease, a notice (dated 05.09.1975) for termination of tenancy (hereinafter referred to as ‘notice’) had been issued to the tenants. The landlord sought to recover possession for the purpose of personal cultivation. It was stated in the notice that the tenanted land was the principal source of income for the family and that their livelihood was dependent on the cultivation of such lands. It is critical to note at the very outset that the notice pertained to land bearing Survey No.291 only and no separate notice of termination of tenancy was issued in respect of land bearing Survey No. 290/1 & 290/2.

3. Since the tenant did not voluntarily relinquish his possession in response to the notice, the landlord initiated proceedings, ¹[Tenancy Case No. 2/1977] for resumption of tenanted lands before the Court of Tenancy Awal Karkun, Rahuri (hereinafter referred to as ‘original authority’) under Section 29 read with Section 43A(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948²[The Act has since been renamed as the Maharashtra Tenancy and Agricultural Lands Act, 1948 by Maharashtra Act 24 of 2012]. (for short ‘the Act’). Through these proceedings, the landlord had sought to recover possession of lands leased under both lease deeds, that is, Survey No. 291 and Survey No. 290/1 & 290/2.

4. In order to decide the lis, the original authority had framed four issues for consideration. The issues framed and summary of findings in respect of each issue are tabulated hereinbelow for ease of reference:

5. Ultimately, the original authority allowed the application of the landlord³[Order dated 17.04.1978 in Tenancy Case No.2/77] and directed that 22 acres of the suit lands⁴[Sum total of land bearing Survey No. 291 and Survey No. 290/1& 290/2] (33 acres 21 guntas) was to be restored to him. The direction for restoration of 22 acres of the suit land was on the premise that the applicant (landlord) was ‘entitled for possession of so much of land as would result in both the landlord and tenants holding thereafter in the total and equal area for personal cultivation’. The reasoning of the original authority in this regard is extracted below:

“The lands held by the opponents individually are measuring (23 ac. 29 gts. 9H. 83 R.) The land held by applicant is 1