IN THE HIGH COURT OF BOMBAY
D.R. Dhanuka, J.
Smt. Kallawwa Shattu Patil others.... Petitioners.
Versus
Yallappa Parashram Patil others... Respondents.
Writ Petition. No. 2329 of 1981, decided on 15-11-1991.
Advocates appeared :
A.V. Bandiwadekar, for the petitioners.
Dilip B. Bhossale, for the respondents.
Section 32-O of the Tenancy Act cannot apply to a case where the land was already leased by the landlords in favour of the tenant prior to 1st April 1957 and the said lease was subsisting on 1st April 1957 and it has subsisted throughout. The proviso to Section 8 of the Patels Abolition Act created a statutory legal fiction for an extremely limited purpose, i, e, for the purpose of fixing of purchase price in respect of statutory purchase. For the said limited purpose, the land is deemed to have been leased from the date of re-grant. It does not follow there from that the landlords have created a lease in respect of the said land after 1st April 1957 from the re-grant.
MAHARASHTRA REVENUE PATELS (ABOLITION OF OFFICE) 1962
Section 8.
See Bombay Tenancy and Agricultural Lands Act, Section 32-O.
2. In the above-referred proceedings under section 32-G of the Tenancy Act, the following orders were passed by the learned authorities below :---
(a) By his order dated 16th October 1978, the Additional Tahsildar and Agricultural Lands Tribunal, Chandgad, held that the statutory purchase of the land bearing R.S. No. 182/4 was ineffective, as the 1st respondent, tenant had failed to serve notice on the landlords (the petitioners and respondent No. 2) exercising his right to purchase the said land as required by section 32-O of the Tenancy Act. The said order was passed in Tenancy Case No. 9/104.
(b) By his order dated 10th October 1979, the Sub-Divisional Officer allowed the appeal of the 1st respondent-tenant and directed the Additional Tahsildar and Agricultural Lands Tribunal to fix the purchase price in favour of the petitioners. It was also observed in the said order that the petitioners had no knowledge of re-grant of the land bearing R.S. No. 182/4 in favour of the landlords i.e., the petitioners and respondent No. 2 at the material time.
(c) By his order dated 10th February 1981, the Maharashtra Revenue Tribunal dismissed Revision Application No. MRT-KP-1/80. By the impugned order dated 10th February 1981, the Tribunal held that section 32-O of the Tenancy Act was not applicable to a lease subsisting on the tiller's day. The Tribunal held that sections 32-O of the Tenancy Act was applicable only where lease was created by the landlord after 1st April 1957. The Tribunal held that section 8 of the Patels Abolition Act clearly provided that lease of watan land continued throughout and was governed by the Tenancy legislation subject to postponement of compulsory purchase to date of re-grant and no fresh lease was created or deemed to have been created in favour of the tenant concerned after 1st April 1957.
3. The material facts emerging from the record are as under :---
(a) At all material times, the respondent No. 1 was the tenan
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