The period of one year under Section 32-0 of the Bombay Tenancy and Agricultural Lands Act, 1948, for giving notice of intimation of purchase commences from the date of the commencement of the tenancy created by the landlord, and not from a tenancy recognized and declared by the tenancy authorities de hors the landlord.

Headnote:
TENANCY - BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 - SECTION 32-0 - INTERPRETATION - TENANCY COMMENCING FROM DATE OF MUTATION ENTRY SHOWING TENANTS AS SUCH - NOTICE OF INTIMATION OF PURCHASE GIVEN WITHIN ONE YEAR FROM DATE OF MUTATION ENTRY - COMPLIANCE WITH SECTION 32-0.
Fact of the Case:

Petitioners, tenants of the disputed land, applied to the Agricultural Lands Tribunal and Tahsildar for a declaration of purchase under section 32-0 of the Bombay Tenancy and Agricultural Lands Act, 1948, claiming to have cultivated the land in 1966-67 and given notice to purchase on June 30, 1967, within one year from the commencement of tenancy. The Tahsildar, relying on the petitioners' deposition and evidence, held that the tenancy commenced from the date of mutation entry showing them as tenants and that the notice of intimation was given within the prescribed period. On appeal, the Deputy Collector and Revenue Tribunal set aside the Tahsildar's order, holding that the tenancy commenced from 1959-60 and that the notice was not given within one year from that date.
Finding of the Court:

The High Court held that the period of one year under Section 32-0 is to be calculated from the date of the commencement of the tenancy created by the landlord, and not from a tenancy recognized and declared by the tenancy authorities de hors the landlord. The Court found that the landlord never accepted the petitioners' tenancy until the decision of the Revenue Tribunal on the reference by the civil court, which became binding on the landlord, and that the intimation given by the tenants and the application made by them were within the period prescribed under Section 32-0 (1) and (1A).
Issues: 1. Whether the period of one year under Section 32-0 of the Bombay Tenancy and Agricultural Lands Act, 1948, is to be calculated from the date of the commencement of the tenancy created by the landlord or from a tenancy recognized and declared by the tenancy authorities de hors the landlord? 2. Whether the petitioners had complied with the requirement of Section 32-0 by giving notice of intimation of purchase within one year from the date of mutation entry showing them as tenants?
Ratio Decidendi: The Court interpreted Section 32-0 of the Bombay Tenancy and Agricultural Lands Act, 1948, and held that the period of one year for giving notice of intimation of purchase commences from the date of the commencement of the tenancy created by the landlord, and not from a tenancy recognized and declared by the tenancy authorities de hors the landlord. The Court found that the landlord never accepted the petitioners' tenancy until the decision of the Revenue Tribunal on the reference by the civil court, which became binding on the landlord, and that the intimation given by the tenants and the application made by them were within the period prescribed under Section 32-0 (1) and (1A).
Final Decision: The High Court allowed the petition, set aside the orders of the Revenue Tribunal and the Deputy Collector, and restored the order of the Tahsildar and Agricultural Lands Tribunal, subject to a modification regarding the payment of the first installment.

JUDGMENT - 1. The only question owhich arises in this sppecial civil lapplication under Article 227 of the Coonstitution of oIndia is whether the petitioners ohad exercised their rights of statutory purchase under section 32-0 of the Bombay Tenancy and Agricultural Lands Act, 1948, within onw year from the commencement of the tenancy within the meaning of thata section.

2. The facts are as follows:-

The subject-matter of dispute between the parties i.e. the petitioners-tenants and their landloard-respondent No. 1 is Gat No.102, measuring 14 acres and 13 gunthas assessed at Rs.40 - 12 , situated at Village palsod in Taluka Jalgaon. On October 28, 1967, the petitioners made an application before the Agriicultural Lands Tribunal and Tahsildar Jalgaon, stating that they ohoad cultivated the land in 1966-67 as teanants and ohad given necessary onotice to purchase the suit-land on June 30, 1967 and should be, therefore, declared the purchasers of the land under section 32-0 and the priice should be fixed under section 32-G and 32-H. All the time during the pendency of the said case before the Agricultural Lands Tribunal. the landlord-respondent No. 1 merely took adjoournments 20 times and ultimately on Novembeer 7, 1969 the Tahsildar decided the case ex parte against the landlord.

3. The Tahsildar relied upono the deposition oof oppetitioner No. 1, in the course of which he stated that the petitioners" tenancy was recognized for the first time by nutation entry No. 802 dated April 20, 1967 and hence intimation was sent too the landloard by the petitioners on June 27, 1967 and the same was receiived by the landlord on June 30, 1967 within one yyear from the commencement of tenancy oboy section 32-0 of the Act. The Tahsildar coonsidered the oral and documentary viidence relating to the land and fixed the price and instalments by which the tenant had to opay the price to the landlord. ini the couse of the proceedings, the decision in Appeal No.119 of 1968 dated February 28, 1969 given by the sub-Divisional Officer, Jalgaon Divisin, declaring the petitioners as tenants of the land in dispute. Haviing regard to all these facts, the Tahsildar held by his order dated November 30, 1969, that the tenants had exercise their right within the pperiod prescribed by secction 32-0 of the Act and on payment of the price, a certificate shouold be isued to them under sction 32-M of the Bombay Tenancy and agricultural Lands Act, Subject to the provisions or sections 43 of the same Act.

4. Felling affrieved by the said decision of the Tahsildar and Agricultural Lands Tribunal, respondent No.1 filed an appeal to the deputy Collector, Jalgaon, contending that the tenancy of the petitioners was held, iin the earlier reference proceeodings, too be commencinig from the 1956-60 and not from the year 1967-68 and that notice of intimationo of purchase was not given by the petitioners within one oyoear from the commencement oof the tenancy within the meaning of section 32-0 oof the Act; aand hence the purchase in favour of the tenant had become inieffective oby reason oof failure to give notics to thoe olandlord owithin one year from 1959-60 . The Deputy Collector upheld these contentioms, sets aside the order of the Tahsildar and directed the agriicultural Lands Tribunal to proceed under Section 32-P of the Bombay Tenancy and Agricultural Lands Act.

4-A. The decision of the Deputy Collector dated Marach 23, 1971, was challenged by the petitioners in revision before the Revenue Tribunal. The Revenue Tribunal confirmed the ordeor of the Deputy Collector observing as under:-

" The opponent filed Civil Suit No. 321 of 1967 to restraiin the applicants from interfering with hisi possession ofo othe suit land and the defence set up by the applicants was that they were tenants of this land since 1959-60. No doubt, as the suit was filed in 1967, the relevant questsion therein was regaardinig the possession of the land in that yeaar namely, 1967-68. Now, the opponent sought a

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