Tenants lost the right to purchase land due to failure to serve timely purchase notices as mandated by law.

JUDGMENT:

1 The Writ Petition No.536 of 1992 has been filed, challenging the judgment and order dated 21st April, 1990 passed by the Maharashtra Revenue Tribunal in Revision No.MRT/AH/X/6/88 (TNC.246/88) Pune-1. The Writ Petition No.3695 of 1998 has been filed, challenging the Judgment and Order dated 27th January, 1994 passed by the Sub Divisional Officer, Sangamner in Appeal No. 13 of 1992 and confirmed by the Maharashtra Revenue Tribunal in Revision No.MRT.AH.III.4/94 (TNC.B.74/94) Pune-1, by judgment and order dated 22nd April, 1998.

2 The relevant facts as disclosed in the Writ Petitions are as under:

The petitioners herein are the original tenants in respect of land Survey No. 226-1/A, admeasuring 0.53 R assess at Rs. 2.45 pasie and Survey No. 178-1/B, admeasuring 1 Hector 35 R assess at Rs. 6.30 Paise. These lands are situated at Village Nathpatlachiwadi, Tq. Kopergaon, Dist. Ahmednagar. The said lands were taken on lease by the petitioners priot to 1st April, 1957. However, the original land-lord namely Namdeo V. Dhanvate was lunatic , he died on 27th June, 1971. After his death, he has succeeded by his widow. It is the case of the petitioners that since the original land-lord Namdeo V. Dhanvate himself was lunatic, and after his widow succeeded to the said property, therefore, the said property could not be purchased by the petitioners, in view of the provisions of Section 32 (F) of Bombay Tenancy and Agricultural Lands Act . Thereafter, the said widow i.e. land-lady, died on 16th October, 1981 who is succeeded by the respondents herein. It is the case of the petitioners that the petitioners after the death of Godabai gave a notice on 8th October, 1982 for purchasing the said land. According to the petitioners, the said notice was given within the stipulated period of two years from the death of said land-lord.

3 It is further case of the petitioners that despite the said fact that the notice of purchase was given to the respondents, the respondents filed T.N.C. Case No. 150 of 1982, under Section 32 (O) and Section 29 of the Bombay Tenancy and Agricultural Lands Act (for short, referred to as the Tenancy Act), for resumption of the said land on the ground that the present petitioners failed to purchase the said land within the period of two years from the death of the land-lady. The said application was dismissed by the Tenancy Awal Karkoon on 17th January, 1986.

4 Being aggrieved by the Judgment and Order of the Awal-Karkoon, the respondents herein preferred appeal No. 25 of 1986 and said appeal came to be dismissed. Against the said order, the respondents herein preferred revision No.246 of 1988 before the Maharashtra Revenue Tribunal. The Maharashtra Revenue Tribunal, was pleased to observe that since the original land-lord died on 27th June, 1971, therefore, the petitioners ought to have purchased the said land within two years from his death. However, since they have not purchased the said land within the period of two years under Section 32 (F) of Bombay Tenancy and Agricultural Lands Act , and therefore, they are not entitled to purchase the said land, and therefore, they cannot retain the possession of the suit land. The matter was remanded to the Trial Court for disposal of the suit land under Section 32 (P) of the Bombay Tenancy and Agricultural Lands Act , and the order passed in appeal No. 25 of 1986 by the appellate authority was set aside.

5 Being aggrieved and dis-satisfied by the Judgment and order passed by the Maharashtra Revenue Tribunal, the petitioners have filed Writ Petition bearing No.536 of 1992, before this Court, and this Court granted stay to the said orders on 20th March, 1992.

6 It is the case of the petitioners t