Saheblal Chandbhai vs Chandanmal Kundanmal

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1978 Supreme(Bom) 199

Bombay High Court
S.K.DESAI
Saheblal Chandbhai - Appellant
Versus
Chandanmal Kundanmal - Respondent
Decided On : 09/11/1978

Advocates:
B.P. Apte, for Petitioner; Jayant R. Lalit, for Opponent.

Important Points

A tenant inducted on the land by the managing authority during the period of management has the right to purchase the land under S.32 of the Bombay Tenancy and Agricultural Lands Act, 1948, provided that the tenancy is subsisting on the date the management came to an end.

Subject

Land Law - Tenancy Rights

Act Referred

BOMBAY TENANCY AND AGRICULTURAL LANDS ACT : S.88(1)

Headnote

TENANCY ACT - S.88 - TENANCY SUBSISTING ON THE DATE OF RELEASE OF LAND FROM MANAGEMENT - INTERPRETATION - TENANT INDUCTED DURING MANAGEMENT - RIGHT TO PURCHASE LAND.

Fact of the Case:

The petitioner was inducted as a tenant on the lands while they were under the management of the State Government. The management was terminated before the expiry of the lease period. The Agricultural Lands Tribunal and the Maharashtra Revenue Tribunal held that the petitioner had no right to purchase the land under S.32 of the Bombay Tenancy and Agricultural Lands Act, 1948.

Finding of the Court:

The court held that the proviso to S.88(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, applies to a tenancy which was in existence prior to the date on which management was taken over by the Government or to a tenancy created during this period. The court further held that a tenant inducted on the land by the managing authority during the period of management has the right to purchase the land under S.32 of the Act, provided that the tenancy is subsisting on the date the management came to an end.

Issues: Whether a tenant inducted on the land by the managing authority during the period of management has the right to purchase the land under S.32 of the Bombay Tenancy and Agricultural Lands Act, 1948.

Ratio Decidendi: The court relied on the decision of Bhasme J. in Special Civil Application No. 1769 of 1967, where it was held that the benefits of the Tenancy Act would be available to a tenant inducted on the land by the managing authority during the period of management, provided that such tenancy is subsisting on the date the management came to an end.

Final Decision: The court quashed the orders of the Agricultural Lands Tribunal and the Maharashtra Revenue Tribunal and remanded the matter back to the Agricultural Lands Tribunal for giving its decision afresh.

ORDER :- This special civil application is preferred against the order of the Maharashtra Revenue Tribunal dated 24th June 1974 in Revision Application No. MRT. AH. XI. 19/73 (TEN. Ap. 490/73). That was a decision given from the decision of the Additional Collector, Ahmednagar, in Tenancy Appeal No. 41 of 1993. The appeal was from the decision of the Agricultural Lands Tribunal, Ahmednagar, in Tenancy Case No. 32(G) Shendi F/3/73. In the tenancy case the Agricultural Lands Tribunal had started a suo motu inquiry under S.32G of the Bombay Tenancy and Agricultural Lands Act, 1948. In the said inquiry the lands concerned were Survey No. 1 and Survey No. 406 of village Shendi, originally belonging to one Kundanmal Jawaharmal Bhandari. The land had been kept fallow for two consecutive years. The Prant Officer, Nagar Division, therefore, assumed management of these two Lands on 20th July 1956. With effect from 14th Oct. 1956 the Lands were leased to one Sheikh Chandbhai for a period of ten years. Under the orders of the Civil Court in Regular Civil Suit No. 401 of 1963, to which the Government was a party, the petitioner before me was permitted to continue cultivation of the lands. On 17th Feb. 1965 i.e. before the expiry of the period of ten years from, the date on which the lease was to commence, the Prant Officer passed an order under No. WS/II/165 whereby the management of the lands under S.65 was terminated. The Agricultural Lands Tribunal in the suo motu inquiry and subsequently the Maharashtra Revenue Tribunal have taken the view that as the lessee was inducted on the lands while the lands were under the management of the State Government, he would have no right of statutory purchase. It is the correctness of this view that is impugned principally in this special civil application.

2. My attention was drawn to number of decisions of this Court dealing with similar situations. One of these was the decision given by a Division Bench of this Court consisting of Chainani C.J. and k.K. Desai J. in Special Civil Appln. No. 1077 of 1961 Gambhirmal Laxmandas v. Collector of Jalgaon (decided on 20th Dec. 1962) reported in (1966) 14 Tenancy LR 10. In that decision, on the facts set out in the report it would seem to appear that on the date on which the management had been terminated, the tenancy of the lessees inducted during the period of management was not subsisting. The argument, that as the two persons inducted as lessees had been allowed to continue in possession of the land after the period of lease was over, should be regarded as tenants holding over, was negatived. This was in view of the provisions of S.58. It was on these facts that it was held that there was no tenancy subsisting on the date on which the land was released from management.

3. Mr. Lalit relied very strongly on the judgement of Deshpande J. given in Spl. Civil Appln. No. 1185 of 1969 (decided on 19th Nov. 1969). Going through the judgement I do not find any discussion of the position under the S.88 with which we are concerned and, therefore, the observations to be found therein would have only an indirect bearing on the issue.

4. It is clear that in this case we are concerned with the provisions contained in S.88(1) and in particular with the proviso thereunder. The relevant statutory provisions are as under :-

"88. Exemption To Government Lands and Certain Other Lands - (1) Save as otherwise provided in Sub-Sec. (2), nothing in the foregoing provisions of this Act shall apply -

(a) to lands belonging to, or held on lease from, the Government :

xxxx xxxx xxxx

Provided that from the date on which the land is released from management, all the foregoing provisions of this Act apply thereto; but subject to the modification that in the case of a tenancy, not being a permanent tenancy, which on that date subsists in the land -

(a) the landlord shall be entitled to terminate the tenancy under S.31 (or under S.33B in the case of a certificat

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