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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
Sagaru Laxman Shinde – Appellant
Versus
Mukund Shankar Kurlekar – Respondent
JUDGMENT :
A. THE CHALLENGE
1. By this petition, Petitioners have challenged the order dated 19 November 1997 passed by the Maharashtra Revenue Tribunal, Pune allowing Revision Application No. MRT.SS.101/1991 filed by the Respondents and setting aside the judgment and order dated 28 February 1991 passed by the Assistant Collector, Walwa, District- Sangli. The Assistant Collector in turn had allowed the Appeal preferred by the Petitioners and while setting aside the order dated 13 May 1988 passed by the Tehsildar and Agricultural Lands Tribunal, Khanapur, had directed fixation of purchase price of the land by recognizing the right of the Petitioners to purchase the same. Petitioners are thus aggrieved by the decision of the Maharashtra Revenue Tribunal in not recognizing their right to purchase the tenanted land under the provisions of Section 32G read with Section 32F of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (the Act).
B. FACTS
2. Land bearing Survey No. 285/1 admeasuring 4 Hectares 35 Ares plus 3 Ares pot-kharaba situated at Village-Devarashtra, Taluka- Khanapur, District-Sangli is the subject matter of controversy in the present petition, which is hereinafter refer
The tenant's right to purchase tenanted land is contingent upon timely notification by the landlord of attaining majority, and failure to initiate proceedings within the stipulated period results in ....
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 ....
The central legal point established in the judgment is the mandatory requirement for tenants to send intimation of purchase to the landlord within the prescribed period after the death of the landlad....
The main legal point established in the judgment is that the purchase cannot be deemed ineffective unless the Tribunal fails to recover the purchase price from the tenant as arrears of land revenue, ....
The central legal point established in the judgment is the significance of the exemption certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, in determining proc....
Protected tenants - Restoration of possession of lands - Application filed by appellants/petitioners for restoration under Section 32 of Tenancy Act, were far beyond reasonable time and lacked bonafi....
The tenant was deemed a purchaser of the land under the Tenancy Act as of 1.4.1957, invalidating the landlord's later claims to ownership and asserting the tenant's rights.
The court upheld the MRT's decision restoring possession of agricultural land, confirming the tenant's default in rent payment and validating the termination notice despite missing documentation.
A tenant's consistent failure to pay rent for three years, with proper notice, justifies termination of tenancy under the Maharashtra Tenancy and Agricultural Lands Act.
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