The statutory title vested in the tenant under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, was not divested by a notification issued by the Government excluding the lands from the operation of Sections 32 to 32-R under Section 88-C (1) (b) of the Act, as the notification was issued after the vesting of the title in the respondent No.1.

Headnote:
TENANCY ACT - BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 - SECTION 32, 88-C(1)(B) - STATUTORY TITLE VESTED IN TENANT - NOT DIVESTED BY NOTIFICATION EXCLUDING LANDS FROM OPERATION OF SECTIONS 32 TO 32-R - NOTIFICATION ISSUED AFTER VESTING OF TITLE - RATIO OF SPL. CIVIL APPLN. NO. 225 OF 1959 (BOM) APPLIES.
Fact of the Case:

Petitioners challenged the decision of the Revenue Tribunal holding that the statutory title vested in the tenant of the lands under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, was not divested by a notification issued by the Government excluding the lands from the operation of Sections 32 to 32-R under Section 88-C (1) (b) of the Act. The notification was issued after the vesting of the title in the respondent No.1.
Finding of the Court:

The court held that the statutory title vested in the tenant under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, was not divested by a notification issued by the Government excluding the lands from the operation of Sections 32 to 32-R under Section 88-C (1) (b) of the Act, as the notification was issued after the vesting of the title in the respondent No.1.
Issues: Whether the statutory title vested in the tenant under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, was divested by a notification issued by the Government excluding the lands from the operation of Sections 32 to 32-R under Section 88-C (1) (b) of the Act.
Ratio Decidendi: The court relied on the decision of a Division Bench of this Court in Spl. Civil Appln. No. 225 of 1959 (Bom) which held that the title of the land, which was vested originally in the landlord, passed to the tenant on the tillers day, 1st April, 1957, that there was a completed purchase or sale as between the landlord and the tenant and that the title acquired by the tenant is defeasible only in the event of the tenant failing to appear before the Tribunal or making a statement that he is not willing to purchase, or committing default in the payment of the price as determined by the Tribunal. The tenant gets a vested interest in the land defeasible only in either of these cases.
Final Decision: The court dismissed the petitions challenging the decision of the Revenue Tribunal.

Judgement Key Points

Key Points: - The statutory title vested in the tenant under Section 32 is not divested by a post-vesting notification excluding lands from 32 to 32-R under 88-C(1)(b) (!) . - A notification including land within Poona Municipal Corporation limits and reserving lands for non-agricultural/industrial purposes under 88-C(1)(b) can affect rights if issued after vesting; the Division Bench decision though is controlling to determine jurisdiction and purchase price rights (!) (!) . - The Tribunal and Deputy Collector’s decisions aligning with Spl. Civil Appln. No. 225 of 1959 (Bom) are deemed correct, and the earlier High Court decisions influence the present case (!) (!) (!) . - The petitioners’ challenges based on res judicata/estoppel due to later notifications were not sustainable given the controlling Division Bench authority (!) . - The lands in question were within Poona Corporation limits, affecting applicability of Sections 32-32-R under 88-C(1)(b) post-vesting, as discussed in the cited judgments (!) (!) . - Final disposition: petitions fail; rule discharged with costs (!) .

How to determine whether a Government notification excluding lands from Sections 32 to 32-R under Section 88-C(1)(b) divests the statutory title vested in a tenant under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948?

What is the effect of a notification issued after the vesting of the tenant’s title on the rights acquired under Section 32-G/32-F of the Bombay Tenancy Act?

What are the precedential grounds confirming that the Division Bench decision in Spl. Civil Appln. No. 225 of 1959 (Bom) governs the present case and that res judicata or estoppel arguments based on later notifications are not applicable?

JUDGMENT - 1. These two petitioners raise a common question and can be disposed of by a common judgment. The petitioner is the owner of lands situated in Hadapsar, which are the subject-mater of the two petitioners. Survey Nos. 159/5 and 160/14 are the subject-matter of Special Civil Application No. 2140 of 1968. Survey Nos. 148A/3, 160/3 and 160/17 are the subject-matter of the second petition. The only question which arises under the said petitioners is whether the Revenue Tribunal was right in holding that the statutory title vested in the tenant of the said lands, respondent No.1, under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948, was not divested by a notification issued by the Government which resulted in excluding the lands from the operation of Sections 32 to 32-R under Section 88-C (1) (b) of the said Act. The notification was admittedly issued after the vesting of the title in the respondent No.1. The same was issued under the Provincial Municipal Corporation Act including the area in which the lands are situated into the area of the Municipal Corporation of the City of Poona.

2. The proceedings from which the impugned order of the Tribunal dated June 28, 1968 arises were suo motu proceedings started by the Agricultural Lands Tribunal, Haveli under Section 32-G of the Act. By its order dated October 31, 1964, the Agricultural Lands Tribunal held that as a result of the notification including the area in which the lands were situated within the limits of the Poona Municipal Corporation, the respondent No.1 could not claim any right under the Act in view of the provisions of Section 88-C (1) (b), as the government had reserved all lands falling within the limits of the Poona Municipal Corporation for non-agricultural and industrial development. On an appeal filed by the respondent No.1 - tenant, the Deputy Collector for Tenancy Appeals, Poona set aside the order of the Agricultural Lands Tribunal, following the decision of a Division Bench of this Court of Chainani, C. J. and V. S. Desai, J. in Spl. Civil Appln. No. 225 of 1959 D/- 8-10-1959 (Bom). The petitioner filed a revision application against the said decision before the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal by its order dated June 28, 1968 dismissed the revision application with the following observations :

"................ It is an admitted fact that the petitioner landlord had made an application to the Mamlatdar for the termination of tenancy of the opponent-tenants in respect of the suit lands and other lands under Section 29 read with Section 31 of the Tenancy Act. It was Tenancy case No. 3/58. Against this order there was an appeal No. 195/58 decided on 31-7-1960. The said case came up before this Tribunal and this Tribunal by its order dated 16-3-1962, decided the revision application No. MRT. P. VIII, 8/60. Against this order of the Tribunal, the landlord had approached the Honble High Court under Art, 227 of the Constitution of India and their Lordships were pleased to uphold the claim of the landlord in Special Civil Application No. 952/62, decided on 21-6-1963, except three pieces of land, admeasuring A.1 Gs. 31 which were found to be within the Corporation limits of Poona. Their Lordships were pleased to grant 1/4 portion of the leased lands to the landlord under Section 29 read with Section 31 of the Tenancy Act. Therefore, the position of law would be that the tenant had become a statutory purchaser of the suit lands on 21-6-1963 where the action of the landlord had reached finality. It must be stated that when the landlord had taken up the position that only A.1 Gs. 31 of land was within the limits of Poona Corporation and the remaining lands were governed by the provisions of Section 29 read with Section 31 of the Tenancy Act and in fact it was accepted by the Honble High Court, it cannot now lie in the mouth of the landlord to challenge the said verdict of higher judiciary. He would be estopped from

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1972 Supreme(Bom) 27

How to determine whether a Government notification excluding lands from Sections 32 to 32-R under Section 88-C(1)(b) divests the statutory title vested in a tenant under Section 32 of the Bombay Tenancy and Agricultural Lands Act, 1948?

What is the effect of a notification issued after the vesting of the tenant’s title on the rights acquired under Section 32-G/32-F of the Bombay Tenancy Act?

What are the precedential grounds confirming that the Division Bench decision in Spl. Civil Appln. No. 225 of 1959 (Bom) governs the present case and that res judicata or estoppel arguments based on later notifications are not applicable?

Cases Referred (1)