The court clarified that a tenant automatically becomes the statutory owner of remaining land when a landlord's application for a partial possession is granted under the Tenancy Act.

1. The question raised by Mr. Babasaheb Bhonsale appearing for the petitioners in this petition which arises out of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter, the Tenancy Act) is, really speaking, one which presents quite some difficulty. It reveals the shortcomings of the draftsmen who have to burn the midnight oil for the purpose of effecting so many amendments in the Tenancy Act.

2. The question arises in the following circumstances : -

3. The land in question has Survey No. 316 admeasuring 39 Acres, 23 Gunthas. Respondent No. 1 herein (hereinafter, the Respondent) was the owner of the same till the demise of the present petitioner who is the tenant of the same at all relevant times. Respondent No. 1 was born on 1-2-1952 which means that he would attain majority on 1-2-1970. On 25-3-1957 the respondent applied for possession of one half portion of the lands in question which, for the sake of brevity, is referred to hereinafter as 'the said lands'. That application was filed under S.31 of the Tenancy Act. It may be stated here that under S.31 of the Tenancy Act, the landlord can apply for possession of the lands let out by him to the tenant if he required the possession of the same for his own personal bona fide cultivation. But, if he makes good his contention regarding bona fide requirement, the most, that he can get under the said S.31 is one half portion of the lands in question. Then, there is a further provision contained in S.31 - C of the Tenancy Act by virtue of which the tenancy of the remaining lands which would continue with the tenant can, in no case, be terminated by the landlord on the ground of bona fide personal requirement.

4. The said application of the respondent under the Tenancy Act was allowed on 11-11-1957 and he received possession of one half portion of the said lands pursuant to the said order. The land which was given into the possession of the respondent was numbered as Survey No. 316/2 whereas the remaining land which continued to be with the petitioner - tenant was numbered as Survey No. 316/1.

5. Thereafter, the Agricultural Lands Tribunal started proceedings under S.32 - C of the Tenancy Act but the said proceedings were dropped in view of the fact that the landlord was a minor at that time. Against the order dropping the said proceedings, the present petitioners filed appeal No. 63 of 1967 to the Appellate Authority. On 9-6-1969 the said appeal was allowed and the matter was remanded to the Agricultural Lands Tribunal for fixation of the purchase price. The respondent filed a revision application to the Maharashtra Revenue Tribunal at Poona but the same was dismissed on 21-9-1968.

6. Thereafter, the proceedings under S.32 - C started and notices were issued to the petitioners. At one stage, some ex parte orders were passed but we need not be detained by the details pertaining to the same. It is sufficient to state here that the proceedings continued till 1-2-1970 on which date the respondent landlord attained majority.

7. On 20-12-1975 the petitioner sent an intimation to the respondent - landlord, by way of abundant caution, of his desire to purchase the land. On 15-3-1972 the Agricultural Lands Tribunal fixed the purchase price in respect of the said lands and also fixed the instalments payable by the petitioners in that behalf. The respondent filed an appeal against the order of the Agricultural Lands Tribunal fixing the price. This appeal was allowe