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1971 Supreme(Bom) 46

S.P.KOTVAL, N.A.MODY, R.M.KANTAWALA
Vishnu Shantaram Desai – Appellant
Versus
Indira Anant Patkar and Anr – Respondent


JUDGMENT - Kantawala, J.

1. These three special civil applications are referred to a Full Bench as they involve a question as to proper construction of the provisions of Section 32 - F of the Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act No. LXVII of 1948) (hereinafter referred to as "the Act"). The petitioner in each of these applications is either a landlord or a tenant belonging to the category specified in the said Section 32 - F.

2. In Special Civil Application No. 2198 of 1966 proceedings under Section 32 - G of the Act were initiated by the Additional Mahalkari and Agricultural Lands Tribunal No. IV. Kudal, for determining the price payable by the tenant in respect of Survey No. 5, Pot Hissa No. 3, admeasuring 25-1/2 gunthas situate at Village Pat, Mahal Kudal. On the Tillers Day i.e., on April 1, 1957 respondent No. 1 Shrimati Indira Anant Patkar and her two minor sons were the tenants of the land. Landlord Vishnu Shantaram Desai contended before the Tribunal that the tenant was not entitled to purchase the land held by her as she was a widow. The Tribunal took the view that in case of tenants under disability they had to exercise the right of purchase after the

































































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