Vithoba Ram Ranane and another VS Balchandra Sadashiv Joshi since deceased by heir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Headnote:Sections 84, 29 and 32-Petitionerjtenant in possession of lands on tillers day acquiring status of deemed purchasers-Dispossessed by original landlords from said lands-Application under Section 84 by petitioner for summary eviction of respondent-landlords was held maintainable-On 1-4-57 viz. tillers day tenancy stood determined-Hence Section 29 not applicable and application under such section could not have been filed in such a case-Erstwhile tenant, having on tillers day become a deemed purchaser was entitled to possession.
       One V tenant was in possession of a piece of land on 1-4-1957 the tillers day proceeding under Section 320 of Bombay Tenancy Agricultural Lands Act, 1948 were initiated in 1962.
       On 5th August, 1962 the statement of petitioner No. 1 was recorded.
       He expressed his unwillingness to purchase 5 pieces of land out of 9 pieces of land. The order under 32-G and Section 32-P appeared to have been passed on the same day. That was, on 5th August, 1962. Even the possession of the five pieces of lands mentioned above was taken by the respondent-landlords. It was important to note that the subject-matter of dispute under Section 32-G was only these five lands. Notwithstanding this, it appeared that which was in dispute, the petitioners were unauthorisedly dispossessed of the remaining four lands on 5th August, 1962 which were subject-matter of this petition.
       In a suit for injunction filed by landlord against the tenant, issue of tenancy was framed finally a finding was recorded that the defendant was not a tenant and deemed purchaser of suit lands. On 1-10-1973 the tenant filed an application under Section 84 of the Bombay Tenancy Agricultural Lands Act, 1948 for summary eviction of the landlord from the 4 lands in question. The Assistant Collector held in application under Section 84 to be not maintainable placing reliance on the earlier orders under Section 320 and the order was confirmed by tribunal in revision, in writ petition by the tenant.
       Held, that it was not in dispute that above four pieces of lands were in possession of the petitioner as on 1-4-1957. They were unauthorisedly dispossessed on 5-8-1962. After 1-4-57, the landlords title got extinguished and the tenancy stood determined. The only remedy available was under Section 84 of the Bombay Tenancy Agricultural Lands Act 1948. Section 29 applies only to a case while on the date of the application, the applicant continues to be a tenant. As on 1-4-57, the tenancy stood determined, application under Section 29 could not have been filed. The application under Section 84 was maintainable and the tenant was entitled to possession. Application under Section 84 allowed and orders of authorities below set aside.
       For Citation : 1993 Mah LJ 419 at p. 421