D. A. DESAI, P. D. DESAI, J.

( 1 ) * * * *

( 2 ) BEFORE we proceed to examine various contentions canvassed at the hearing of this petition we should briefly refer to the relevant provisions of the Bombay Tenancy and Agricultural Lands Act 1948 (Act LXVII of 1948) as amended from time to time. The Bombay Tenancy and Agricultural Lands Act 1948 was brought into force on 28th December 1948 A very sweeping amendment was made in the Act by the Bombay Tenancy and Agricultural Lands (Amendment) Act 1956 (Act XIIL of 1956) which amongst others introduced secs. 32 to 32r. Originally unamended sec. 32 gave a right to a protected tenant to purchase from the landlord the land held by him as a protected tenant. It gave option to purchase land of which he was a protected tenant. Response to this provision was found to be inadequate and therefore a sweeping change was made by which the tiller of the land was sought to be made the owner thereof. Relevant provision of sec. 32 as amended in 1956 reads as under:-32 (1) On the first day of April 1957 (hereinafter referred to as the tillers day) every tenant shall subject to the other provisions of this section and the provisions of the next succeding sections be deemed to have purchased from his landlord free of all encumbrances subsisting thereon the said day the land held by him as tenant ifthis amendment introduced a further measure of agrarian reform. The main object of the amendment was to bring about the distribution of ownership and control of the agricultural lands so as to subserve the common good. This object was sought to be achieved by fixing ceiling area of the land which could be held by a tenant and to prescribe what was the economic holding. It sought to equitably distribute the lands between landlord and tenants and except in those cases where the landlord wanted the land for cultivating the same personally for which due provision was made in the Act transferred by way of compulsory purchase all other lands to tenant in possession of the same with effect from April 1 1957 which was called the tillers day. A provision was also made for disposal of balance of land after purchase by the tenant and the basic idea underlying the provisions of the Amendment Act was to prevent concentration of agricultural land in the hands of the landlords to the common detriment. The tiller so cultivating was brought into direct contact with the State eliminating thereby the landlords who were in position of intermediaries The Amended Act thus affected the relationship between the landlord and tenant provided for the transfer and alienation of agricultural land etc. (Vide Shri Ram Ram Narain v. State of Bombay A. I. R. 1959 S. C. 459 ).

( 3 ) THE scheme of Part II of Chapter III provides for fixation of price and instalments to be paid by tenant becoming owner of the land by operation of sec. 32 and consequences of his failure to pay the same and disposal of land in respect of which purchase became ineffective. In order to carry out the scheme contained in Part II of Chapter Ill provision was made in Chapter VI for constitution of Agricultural Lands Tribunal. Sec. 67 confers power on the State Government to constitute Agricultural Lands Tribunal and sec. 68 sets out the duties of the Tribunal. Sec. 68 reads as under:-68 It shall be duty of the Tribunal (A) to determine the value of the site of a dwelling house under sec 17; (b) to determine the purchase price of land under section 32g 63 or 64; (e) to decide any dispute under sec. 32 to 32r (both inclusive); (d) to perform such other functions in carrying out the provision of this Act asmay be prescribed or as may be directed by the State Government. Sec. 70 provides duties and functions to be performed by the Mamlatdar and the only relevant clause necessary for the purpose of this petition is clause (b) which reads as under:-70 For the purpose of this Act the following shall be the duties and functions to be performed by the Mamlatdar (A) xx xx xx (b)

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