Bombay High Court
Savaliram Gotiram Teli
Versus
Madhukar Yeshwant Patankar
Decided On:

Headnote:Sections 40, 32(1-B) and 29-Right of tenant to purchase tenanted land vis-a-vis heirs/legal representative of tenant-Tenant being aggrieved party can support proceeding for restoration-If he dies his tenancy right get transmitted to his heirs-Appeal allowed.-Legislature gave a locus penintentiae to the erstwhile tenants who were illegality disposed of land prior to 1.4.1957 to apply for restoration of possession from the landlords on satisfying conditions laid in Section 36(1-B) and once these conditions are satisfied the estate of the tenant would get enlarged into full ownership so far as the tenanted lands are concerned. Thus it was a statutory right inhering in the estate of the erstwhile tenant which obviously could be pressed into service not only by the tenant himself but by his heirs and legal representatives who can also claim the statutory right. to purchase these lands being a right inherited by them from the erstwhile tenant having a direct nexus with the proprietary rights in the land, Non-obstante clause, overriding Section 29, in the .section clearly means that whether the erstwhile tenant had followed the provisions of Section 29 or not for getting the restoration of possession of land from the landlord within two years under Section 29 was irrelevant as a further locus penintentiae is given to such tenant by the express language of Section 32(1-B) of the Act and the said section will operate independently of and de hors Section 29.

       For Citation (1997) 99 Bom LR 214