(1) Whether the tenant of a landlady (landlady being a widow) who is a “certificated landlord” within the contemplation of section 88 of the Act is entitled to automatic statutory purchase of the land on final rejection of landlady's application for possession purported to have been made under section 33-B(1) of the Act even though such application is not a valid application, the same having not been made within three months of receipt of certificate of exemption under section 88-C of the Act and the same having not been preceded by service of notice of termination within the requisite period of three months commencing from the date of receipt of such certificate?

(2) Whether in such a situation, section 33-C(3) of the Act is attracted or whether section 33-C(1) of the Act is applicable?

I am of the opinion that the proceedings adopted by the landlady for recovery of possession under section 33-B of the Act are liable to be treated as without jurisdiction and non est in absence of service of notice of termination within three months from receipt of the certificate and when the same are ex facie time-barred. I am of the opinion that in such a situation section 33-C(3) of the Act is attracted and not section 33-C(1). I am of the opinion that in such a situation the tenant is not automatically entitled to purchase the land on rejection of landlady's application inter alia on the ground of the same being time-barred or non-maintainable.

2. By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the judgment and order dated 21st November, 1980 passed by the Maharashtra Revenue Tribunal in (1) Revision Application No. M.RT.P.I. 3/79 (T.N.C.B. 16/79 and (2) Revision Application No. M.R.T.P.I. 2/79 (T.N.C.B. 15/79). This litigation has a chequered history. However, I propose to refer only to material facts emerging from the record of the case which are germane to the disposal of this petition. The relevant facts are as under :

(a) The petitioner is a tenant of two pieces of lands situate at Saswad Bearing Survey No. 185/16 having an area of 0.11 gunthas assessed at Rs. 2.44 and Survey No. 185/5-B having an area of 29 Gunthas and assessed at Rs. 6.38. At the material time, the respondent widow was the landlady of the said lands. The respondent widow is alive and continues to be the landlady in respect of the said lands.

(b) By an order dated 31st October, 1961 (Exhibit 'A' to the petition), the Agricultural Lands Tribunal No. 1, Purandhar, held that the proceedings adopted under section 32-G of the Act for fixation of statutory purchase price were liable to be dropped in view of the fact that the landlady Smt. Gangubai was a widow since 1947 and also in view of the fact that she had acquired title to the said lands before 31st March, 1958. It is well settled law that right of statutory purchase cannot be exercised against the widow during her lifetime.

(c) The respondent landlady made an application to the prescribed authority for grant of exemption certificate in respect of the said lands under section 88-C of the Act. Section 88-C of the Act provides for exemption of the lands leased by persons with annual income not exceeding Rs. 1,500/- from certain provisions of the Act. The said section 88-C(4) of the Act provides that the Mamlatdar shall issue a certificate in the prescribed form to the landlord/landlady who satisfies the prescribed conditions in respect of such exemption. By an order dated 19th June, 1962, it was directed by the prescribed authority that exemption certificate be granted to the respondent-landlady in respect of the lands bearing Survey Nos. 185/16 and 185/5-B of the village Saswad as contemplated under section 88-C of