JUDGMENT - Chainani, C.J.

1. The question, which has been referred to the Full Bench, is as follows:

"Whether, for the purpose of section 88C of the Bombay Tenancy and Agricultural Lands Act, the material date lor ascertaining who is the landlord entitled to apply, whether the lands leased by him do not exceed an economic holding, and whether his total annual income does not exceed Rs. 1500/-, is the 1st of April 1957 or the postponed date specified in the first proviso to Sub-section (1) of section 32?"

2. In order to answer this question, it is necessary to consider the relevant provisions of the Bombay Tenancy and Agricultural Lands Act. Sub-sec, (1) of Section 14 states that notwithstanding any law, agreement or usage, or the decree or order o£ a Court, the tenancy of any land shall not be terminated except on the grounds mentioned in Sub-clauses (i) to (v) of clause (a) of this Sub-section. This Sub-section, therefore, curtails the ordinary right of the landlord to terminate the tenancy of his tenant. He can do so only on one of the grounds mentioned in this Sub-section. Section 31 enables the landlord to terminate the tenancy of his tenant on two other grounds and these are that he requires the land for cultivating it personally or for using it for a non-agricultural purpose. Sub-section (1) of this section provides that notwithstanding anything contained in section 14 a landlord may, after giving notice and making an application for possession as provided in Sub-section (2), terminate the tenancy of any land, if the landlord bona fide requires the land for cultivating it personally, or for any . non-agricultural purpose. Sub-section (2) of section 31 states that the notice required .to be given under Sub-section (1) shall be served on the tenant on or before the 3ist December 1956 and that an ap-plication for possession under section 29 shall be made to the Mamlatdar on or before the 31st day of March, 1957. Sub-section (3) enlarges the period for giving a notice under Sub-section (1) and for making an application to the Mamlatdar where the landlord is a minor or a widow or a person subject to mental or physical disability or a serving member of the armed forces. The proviso to this Sub-section is as follows :

"Provided that where a person of such category is a member of a joint family, the provisions of this Sub-section shall not apply if at least one member of the joint family is outside the categories mentioned in this Sub-section unless before the 31st day of March 1958 the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar, on inquiry, is satisfied that the share of such person in the land is separated having regard to the area, assessment, classification and value of the land, in the same proportion as the shar.e of that person in the entire joint family property, and not in a large proportion."

This section therefore lays down 31st March, 1057, as the dote on or before which an application for possession on the grounds mentioned in Sub-section (1) could be made by a landlord, unless he belonged to one of the categories referred to in Sub-section (3). Section 32 makes the tenants the owners of the lands in their possession, with effect from ist April, 1957. except in certain cases. Subsection (1) of this section is in the following terms :

"On the first day of April 1957 (hereinafter referred to as the tillers day) every tenant shall, subject to the other provisions of this section and the provisions of the next succeeding sections, be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon on the said day, the land held by him as tenant, if --

(a) such tenant is permanent tenant thereof and cultivates land personally;

(b) such tenant is not a permanent tenant but cultivates the land leased personally; and

(i) the landlord has not given notice of termination of his tenancy under section 31; or

(ii) notice has been given under section 31, but the

Click Here to Read the rest of this document