IMPORTANT POINT
The successor of a deceased landlord is obligated to inform the tenant of the landlord's death to enable the tenant to exercise their right to purchase the property under the Maharashtra Tenancy and Agricultural Lands Act.

JUDGMENT

Gauri Godse, J. - This petition is filed by the heirs and legal representatives of the original tenant to challenge the judgment and order passed by the Maharashtra Revenue Tribunal ('MRT'), allowing the landlord's revision and setting aside the order of Sub Divisional Officer ('SDO') dismissing landlord's appeals. The appeals before SDO were filed by the landlord to challenge the orders passed in favour of the petitioners under sections 32G and 32M of the Bombay Tenancy Act and Agricultural Lands Act, 1948 (now Maharashtra Tenancy and Agricultural Lands Act)('Tenancy Act').

Facts in brief:

2. Before dealing with the rival submissions made by both parties, it is necessary to note the relevant facts of the case. The petitioners are the heirs and legal representatives of the original tenant, and the respondent is the heir and legal representative of the original landlady. One Vithal Gavde Patil was the tenant of the agricultural land prior to 1st April 1957. On 22nd January 1964, the proceedings under section 32G were initiated for the determination of the purchase price. However, the proceedings were suspended as the landlady was a widow. Thereafter, on 17th July 1972, proceedings under section 32G were again initiated for the determination of the purchase price. However, the same were again suspended as the landlady, who was a widow, was still alive.

3. The landlady expired issueless on 26th July 1981. The tenant filed an application on 16th January 1984 for determination of the purchase price as the landlady had expired. The said application was filed by the tenant for revival of the proceedings which was suspended on the ground that the landlady was a widow. On 17th March 1984, one Vasant Sadashiv Brahme, who was the nephew of the landlady, filed an application for entering his name as heir and legal representative in the revenue record. Accordingly, on 3rd April 1984, vide mutation entry no. 1480, the name of Vasant Brahme was entered in the revenue record. On 6th April 1984, the tenant filed another application for producing documentary evidence and issuance of notice to the heir and legal representative of the landlady.

4. On 18th May 1984, the Additional Tahasildar and Agricultural Lands Tribunal ('ALT') passed an order under section 32G determining the purchase price of the said land. Pursuant to the determination of the purchase price certificate under section 32M was issued in favour of the tenant. On 7th September 1984, the original tenant i.e. Vithal Gavade Patil expired.

5. The respondent filed two separate appeals to challenge the order passed under section 32G and the issuance of the certificate under section 32M. Both the appeals were dismissed by the learned SDO on 15th April 1988. Being aggrieved by the dismissal of the said appeals, the respondent filed the revision application before the MRT. By the impugned order dated 19th December 1996, MRT allowed the revision application, setting aside the order under section 32G and issuance of the certificate under section 32M in favour of the tenant. Hence, the heirs and legal representatives of the deceased tenant have filed the present petition.

Submissions on behaf of the petitioners:

6. Learned counsel for the petitioners submitted that the proceedings initiated by the original tenant for determination of the purchase price under section 32G were kept in abeyance as the landlady was a widow at the relevant time. Thereafter, when the original tenant applied for the revival of the proceedings under section 32G, the proceedings were kept in abeyance as the landlady was a widow and was still alive. The landlady expired issueless at Belgaum in the State of Karnataka. The original tenant was unaware of the death of the landlady. The original tenant filed another application for revival of the proceedings for determination of the purchase price. One Vasant Brahme, nephew of the landlady, claimed to be the heir of the landlady based on a Will executed by her. The said V