JUDGMENT - Chandurkar M.N., J. : - This petition has been referred to the Division Bench because the view taken by a learned Single Judge of this Court in (Tunga-bhadrabai v. Nanasaheb1) 78 Born. L.R. 395. was doubted by the learned Single Judge who had heard the petition in so far as the decision in Tungabhadrabais case, holds on a construction of section 32(F) of the Bombay Tenancy and Agricultural Lands Act, 1948(hereinafter referred to as the “Tenancy Act”) that if one person of exempted category is succeeded by another person of the exempted category, the Tillers day is postponed till the disability of the successor ceases.

2. It is necessary to briefly state the facts on which the questions raised in the petition have to be decided. Fields Survey Nos. 44 and 45 of village Kotamgaon, Tahsil Niphad, District Nasik, belonged to one Girjabai, who was admittedly a widow and had not exercised her right of resumption under section 31 till her death. Girjabai died on 4-6-1965. By a will executed by her, she bequeathed the two fields in question in favour of the petitioner who was then minor having been born on 13-6-1958. He attained majority on 13-6-1976. .

3. Proceedings under sectio

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