The surrender of tenancy becomes effective only from the date of its verification by the Mamlatdar under section 15(1) of the Act read with Rule 9 of the Rules. The surrender will be effective from that date, notwithstanding that the endorsement on it is made at a later date. The endorsement will relate back to the date of surrender. The surrender will, however, not be effective from any date prior to the date of its verification.

Headnote:
BOMBAY TENANCY AND AGRICULTURAL LANDS ACT, 1948 - SECTIONS 15, 29(1), 32(1), 32-G - SURRENDER OF TENANCY - VERIFICATION - PURCHASE PRICE - LIMITATION - RESTORATION OF POSSESSION - CERTIFICATE OF PURCHASE:
Fact of the Case:

The petitioner, a landlord, filed a petition challenging the validity of a surrender of tenancy by the respondent, a tenant, and the subsequent proceedings for fixation of statutory purchase price under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act). The petitioner argued that the surrender was invalid as it was not verified by the Mamlatdar until after the "tillers' day", the date on which tenants were deemed to have purchased the land under section 32(1) of the Act. The petitioner also argued that the respondent was not entitled to statutory purchase because he was not in actual possession of the land on the tillers' day or at the time of the application under section 32-G.
Finding of the Court:

The Court held that the surrender of tenancy was invalid as it was not verified by the Mamlatdar until after the tillers' day. The Court also held that the respondent was entitled to statutory purchase even though he was not in actual possession of the land, as the Act did not prescribe any such condition. The Court further held that the respondent was entitled to seek restoration of possession of the land after receipt of the certificate of purchase under section 32-M of the Act, and that the period of limitation for such an application would commence from the date of issue of the certificate of purchase.
Issues: 1. Whether the surrender of tenancy was valid, given that it was not verified by the Mamlatdar until after the tillers' day? 2. Whether the respondent was entitled to statutory purchase, even though he was not in actual possession of the land on the tillers' day or at the time of the application under section 32-G? 3. Whether the respondent was entitled to seek restoration of possession of the land after receipt of the certificate of purchase under section 32-M of the Act? 4. When would the period of limitation for such an application commence?
Ratio Decidendi: 1. The surrender of tenancy was invalid as it was not verified by the Mamlatdar until after the tillers' day. The Court relied on the Full Bench judgment of the High Court, which held that the surrender of tenancy becomes effective only from the date of its verification by the Mamlatdar under section 15(1) of the Act read with Rule 9 of the Rules. 2. The respondent was entitled to statutory purchase, even though he was not in actual possession of the land on the tillers' day or at the time of the application under section 32-G. The Court relied on the judgment of the Gujarat High Court in Shanabhai v. Bakorbhai, which held that section 32(1) of the Act did not prescribe any qualifying condition to the effect that the tenant must be in actual possession of the land on the tillers' day. 3. The respondent was entitled to seek restoration of possession of the land after receipt of the certificate of purchase under section 32-M of the Act. The Court held that the tenant-purchaser could adopt proceedings for restoration of lost possession after completion of statutory purchase by payment of purchase price and after obtaining certificate of purchase under section 32-M of the Act. 4. The period of limitation for such an application would commence from the date of issue of the certificate of purchase. The Court held that it is not correct to contend that the tenant-purchaser has lost his remedy to seek fixation of statutory purchase merely because of the tenant having not made an application for restoration of possession of land within a period of two years from the date of his dispossession.
Final Decision: The petition was dismissed. The Court held that the surrender of tenancy was invalid, the respondent was entitled to statutory purchase, the respondent was entitled to seek restoration of possession of the land after receipt of the certificate of purchase, and the period of limitation for such an application would commence from the date of issue of the certificate of purchase.

JUDGMENT - DHANUKA D.R., J.:—This petition raises interesting questions of law relating to interpretation and application of sections 15, 29(1), 32(1) and 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948. The principal question of law relating to the purported surrender of tenancy is already decided by the Full Bench judgment of our High Court delivered in this very matter on 25th January 1988 (Laxmanrao Anantro Stardekar v. Bapu Satyappa Pawar)1, reported in 1988(2) Bom.C.R. 259. In view of the ratio of the said judgment, the purported surrender of tenancy by the tenant/s concerned shall have to be treated as non est. It would follow therefrom that the petitioner — tenant became the statutory purchaser of the agricultural lands in question on tillers' day i.e. with effect from 1st April, 1957 under section 32(1) of the Act. There is no serious dispute about the relevant facts having bearing on the subject-matter of this petition. It is unfortunate that this petition has remained pending in this Court for a period of more than 13 years even though it pertains to the legislation introducing agrarian reforms in the State.

2. In my view, there is no merit in this petition and the petition deserves to be dismissed for the reasons set out in later part of this judgment.

3. Before I formulate the relevant questions of law arising in this petition, it is necessary to state the material facts emerging from the record of the case. The said facts are either the admitted facts or the proved facts.

(a) On 27th March, 1957, Shri Laxmanrao Anantrao Satardekar i.e. about 4 days prior to “Tillers' Day”, the original landlord, made an application to the Mamlatdar for possession of the lands in question purporting to invoke section 29(2) of Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act.) The said application was accompanied by purported Deed of Surrender of tenancy dated 5th March, 1957 signed by the tenant concerned. Section 15 of the Bombay Tenancy Act provides that surrender of tenancy by a tenant shall not be treated as complete or effective unless the same is in writing and verified by the Mamlatdar in the prescribed manner. The process of verification of alleged surrender was commenced by the Mamlatdar for the first time on 27th August, 1957. On 27th August, 1957, the Mamlatdar recorded the first statement of the tenant concerned under section 15 of the Act read with Rule 9 of the relevant Rules. Further statement of the tenant concerned was recorded on 24th September, 1957. On 22nd October, 1957, the Mamlatdar verified the said surrender as required by section 15 of the said Act. On the same day, the Mamlatdar passed an order purporting to accept the alleged surrender of tenancy, made the necessary endorsement in respect thereof. In the result, relying on the said surrender, the Mamlatdar directed the tenant concerned to hand over possession of the land to the landlord. Shri Bapu Satyappa Powar since deceased was one of the tenants so directed. On 30th January, 1958, the landlord secured possession of the suit land in pursuance of the order of possession passed by the Mamlatdar on 22nd October, 1957 based on above referred Deed of Surrender dated 5th March, 1957 verified for the first time on 22nd October, 1957. Kabje Pavti dated 30th January, 1958 supports the above statement.

(b) On or about 4th September, 1973, proceedings under section 32-G of the Act were commenced on an application made by the tenant Shri Bapu Satyappa Powar claiming to have become statutory purchaser of the said lands on Tillers' Day i.e., 1-4-1957. The said proceeding was numbered as Tenancy Case No. 32-G. Satarde-153. The said proceedings were adopted for fixation of purchase price obviously on the footing that the impugned surrender of tenancy was nullity. In the said proceeding, following questions were formulated by the prescribed authority for its consideration:—

“i) Are the tenants lawfully in possession of the

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1991 Supreme(Bom) 552

Cases Referred (2)