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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Landowner is widow with no right to apply under section 32F of the Tenancy Act after her death, as section 32F pertains to landlords with disabilities such as minors or others under disability, not widows who are tenants or successors in interest ["Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453"], ["Hindurao Ganpati Mandhre VS Mahadeo Vittal Mandhre - Bombay"], ["Rasiklal Revashanker Jani VS Kalaji Keshaji - Gujarat"].
The legal proceedings for fixing purchase price under section 32G can be initiated by the tenant or their successors within a specified timeframe (generally within one year of the landowner’s death). After the widow's death, her successors in interest may file an application under section 32G to seek fixation of the purchase price ["Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453"], ["Hindurao Ganpati Mandhre VS Mahadeo Vittal Mandhre - Bombay"], ["Rasiklal Revashanker Jani VS Kalaji Keshaji - Gujarat"], ["Ramakant Ganesh Naik VS Anusaya Shantaram Naik - Bombay"].
The fixation of purchase price involves the tenant or successor approaching the appropriate authority (e.g., Mamlatdar or ALT), and if willing, paying the fixed price to become deemed purchaser, resulting in issuance of a purchase certificate under section 32M ["Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453"], ["Ramakant Ganesh Naik VS Anusaya Shantaram Naik - Bombay"].
If the tenant or successor fails to file an application within the prescribed period (typically one year from the date of widow’s death), or fails to pay the purchase price, their right to purchase becomes extinguished, and the land may vest back with the original landowner or be subject to other proceedings ["Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453"], ["Hindurao Ganpati Mandhre VS Mahadeo Vittal Mandhre - Bombay"], ["Rasiklal Revashanker Jani VS Kalaji Keshaji - Gujarat"].
In cases where proceedings under section 32G were initiated but the tenant or successor was found unwilling or the application was dismissed (e.g., order declared ineffective due to non-payment or unwillingness), the right to purchase is lost, and the land reverts to the original owner or is subject to further legal proceedings ["Jaswantbhai Ishwarbhai Patel, Lh. And Reps. Of Decd Ishwarbhai Aatmaram VS Paresh Kantilal Patel - Gujarat"], ["Veekaylal Investment Co. Pvt. Ltd. VS Bhalchandra D. Patil - Bombay"].
Analysis and Conclusion:A widow who was a tenant in 1962 cannot directly apply under section 32F after her death to fix the purchase price. Instead, the successor in interest must file an application under section 32G within one year of the widow’s death to seek fixation of the purchase price. If this period is missed or the application is rejected (e.g., due to unwillingness to purchase or non-payment), the tenant’s right extinguishes, and the land reverts to the original owner or other legal processes apply. Therefore, the tenant or successor must act promptly and in accordance with the provisions of the Tenancy Act to secure the purchase rights.
In the realm of agricultural land tenancy in Maharashtra, tenants often face complex questions about their rights to purchase land from landlords, especially under the Maharashtra Tenancy and Agricultural Lands Act, 1948 (Tenancy Act). Imagine a scenario where a landowner was a widow back in 1962, and now, decades later, the tenant wonders: Landowner is widow in 1962..purchase price 32G of tenancy act cannot do..how can tenant file application now to fixed purchase price? This query highlights critical issues around statutory timelines, disabilities like widowhood, and procedural requirements under Section 32G.
This post breaks down the legal framework, drawing from key provisions and judicial interpretations. Note that this is general information based on established principles and should not be taken as specific legal advice—consult a qualified lawyer for your situation.
Section 32G governs the fixation of purchase price for tenants who become deemed purchasers of agricultural lands. Under the Tenancy Act, certain tenants are deemed to have purchased the land from their landlord on or after April 1, 1957 (Tiller's Day), subject to conditions. However, this right is not automatic; it requires the tenant to exercise it properly.
The right to purchase under Section 32G is contingent upon the tenant exercising the option within the prescribed statutory period, which includes giving proper intimation to the landlord or her legal representatives Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254. The law emphasizes that the application for fixation of purchase price must be made in accordance with the procedure prescribed, including giving timely and proper notice in the prescribed manner Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453.
Failure to comply can result in the forfeiture of the right, as the period is not merely a limitation but a statutory window for exercising the option Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.
When the landowner was a widow in 1962, her status created a 'disability' under the Act, suspending the tenant's deemed purchase rights temporarily. The right of the tenant to purchase was postponed until the disability ceased, i.e., upon the widow's death Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.
Key principles include:- The tenant must be informed of the cessation of the landlord’s disability, and the period for exercising the right begins only after such proper notice or intimation Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.- If the tenant was unaware of the widow’s death or the cessation of disability, the period for filing the application does not start until such knowledge is acquired, and the application must be made within the statutory period from that date Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.- Generally, this period is two years from the cessation of disability or date of knowledge Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.
This suspension protects vulnerable landlords like widows but places the onus on tenants to act promptly once informed.
To file under Section 32G:- Proper Intimation: The tenant must give notice to the landlord or heirs in the prescribed manner within the time limit Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453.- Application Timeline: Typically within two years from the end of disability, but starting from knowledge if no notice was given Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.- Prescribed Form: Applications must follow the exact procedure; informal or delayed filings are invalid Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453.
Judicial clarifications stress: The period for exercising the right is not a limitation but a statutory period that begins from the date of knowledge of the cessation of disability Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254. Proper compliance is essential, or the right is lost Shri Vitthal Mahatru Gavade Patil , Deceased By His Heirs VS Smt. Ramabai Shankar Sunthankar Deceased Through Heir Shri Vasant Sadashiv Brahme - 2024 0 Supreme(Bom) 453.
Given the passage of time since 1962, filing now is challenging but not impossible in limited cases:- If proper intimation was not given and the tenant only recently gained knowledge of the widow's death, the two-year window may start from that date Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.- However, if the statutory period has lapsed without action, the right is generally barred Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.
For instance, in one case, a tenant applied after 20 years for fixation under Section 32G, and the Mamlatdar fixed the price, but this was contested RASIKLAL REVASHANKER JANI VS KALAJI KESHAJI (SINCE DECEASED) - 2017 Supreme(Guj) 291. However, after 20 years of the said order, the said Kalaji made an application to the Mamlatdar on 10.10.1980 for fixing the price of the said land under Section 32G, and the Mamlatdar fixed the price vide order dated 08.02.1982. Such late filings succeed only if procedural gaps are proven.
Conversely, courts have quashed delayed orders where tenancy rights were rejected earlier, holding: Once tenancy rights are rejected, fixation of purchase price under Section 32G is impermissible Indirabai N. Bivalkar VS Yadav G. Mhatre - 2024 Supreme(Bom) 1056.
Several cases illustrate the nuances:- Deemed Purchase and Certificates: Tenants who pay the fixed price receive a Section 32M certificate, solidifying ownership. From the aforesaid record, it is clear that in the proceedings initiated under Section 32G of the Tenancy Act, purchase price was fixed by the competent authority and the said purchase price was paid by the predecessor of the petitioners Heirs of Bai Manchi W/o Gulabji Mohanji VS State of Gujarat - 2018 Supreme(Guj) 868.- No Automatic Rights Post-Mortgage or Surrender: Rights may suspend but not extinguish in mortgages; however, surrender or re-grant can alter relationships Sopana Bala Kadam vs Vijay Harishchandra Khaire - 2025 Supreme(Bom) 898Ganapatrao Anandrao Bhosale VS Dinkarrao Manyaba Bhosale - 2004 Supreme(Bom) 1326. Tenancy rights remain suspended during a mortgage but are not extinguished; execution of a mortgage does not imply surrender of tenancy rights Sopana Bala Kadam vs Vijay Harishchandra Khaire - 2025 Supreme(Bom) 898.- Jurisdictional Bars: Civil courts lack jurisdiction over Tenancy Act matters (Section 85). The Civil Court has no jurisdiction to settle, decide, or deal with matters under the Tenancy Act as per Section 85 Heirs Of Decd Muljibhai Ravabhai Thakor VS Yunusbhai Mamadbhai Vora - 2022 Supreme(Guj) 1057.- Late Claims Invalidated: Post-1957 deemed purchases invalidate later landlord claims Nanalal Kanjibhai Thakkar vs Bhikhabhai Ramabhai Dalpatbhai Chauhan - 2025 Supreme(Guj) 1270. 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.
These precedents underscore that while exceptions exist for lack of knowledge, courts strictly enforce timelines and procedures.
Possible grounds to argue for a late filing:- Proof of unawareness of death/cessation.- No proper notice from authorities.- Evidence of continuous tenancy Chanchalben VS Keshavbhai Kalyanbhai Through Poa-Bhikhabhai Makanbhai - 2018 Supreme(Guj) 691.
But challenges include:- Lapsed statutory periods.- Prior rejections of tenancy rights Indirabai N. Bivalkar VS Yadav G. Mhatre - 2024 Supreme(Bom) 1056.- Fraud allegations leading to order reversals Indirabai N. Bivalkar VS Yadav G. Mhatre - 2024 Supreme(Bom) 1056.
If the period has not yet expired from the date of knowledge of the cessation of disability, the tenant may file a fresh application in the prescribed manner and within the remaining statutory period Vasant Ganpat Padave (D) By Lrs. VS Anant Mahadev Sawant (Dead) Thru Lrs. - 2018 0 Supreme(SC) 1254.
Tenancy laws aim to empower tillers while safeguarding procedures. For personalized guidance, consult a legal professional familiar with Maharashtra's revenue tribunals.
#TenancyAct #TenantRights #Section32G
He submitted that the widow landlady falls within the meaning of 'landlord' with a disability under section 32F of the Tenancy Act. Hence, the tenant's right to get the purchase price fixed is postponed till the demise of the widow landlady. ... Thus, after hearing the heirs and legal representatives of the deceased landlady, the proceedings under section 32G were conducted, and the purchase price was fix....
However, after 20 years of the said order, the said Kalaji made an application to the Mamlatdar on 10.10.1980 for fixing the price of the said land under Section 32G, and the Mamlatdar fixed the price vide order dated 08.02.1982. ... purchase price. ... The Mamlatdar and ALT thereafter vide the order dated 08.02.1982 fixed the purchase price in respect of the said land, against which the petitioner had filed an app....
However, after 20 years of the said order, the said Kalaji made an application to the Mamlatdar on 10.10.1980 for fixing the price of the said land under Section 32G, and the Mamlatdar fixed the price vide order dated 08.02.1982. ... purchase price. ... The Mamlatdar and ALT thereafter vide the order dated 08.02.1982 fixed the purchase price in respect of the said land, against which the petitioner had filed an app....
As a matter of fact, the tenant had no reason to seek statutory purchase of the land under section 32g of the Act of 1962. ... This is so because the tenant under the provisions of the bombay Tenancy Act, is deemed to be a purchaser from the landlord and is liable to pay the purchase price to the landlord. ... T and the Assistant Collector, miraj Division, Miraj, by their orders dated 26. 5. 1986 and 1. 8. 1987 res....
The statutory framework of the Tenancy Act is such that a tenant can file proceedings under Section 32G of the Tenancy Act for determination of purchase price of the land. ... A willing tenant can approach the ALT for purchase of tenanted land by paying purchase price to the landlord fixed as per the provisions of Section 32G ....
of the TENANCY ACT .
After her death, the successor in interest filed an application under section 32G of the Act for fixation of purchase price. ... The facts there show that the property was in enjoyment of the widow as tenant and suo motu proceedings were taken for determination of the price under section 32G In the said proceedings it was recorded that the widow was not cultivating the land. ... The M.R.T. found that the original p....
After her death, the successor in interest filed an application under section 32G of the Act for fixation of purchase price. ... (Hereinafter referred to as Tenancy Act). As those Agricultural Lands, Act, 1948.
under section 32G of the Act of 1962. ... The proceedings were initiated under section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 (for 1962 (for short "Act of 1962"). ... price to the landlord.
Based on the said complaint, the SDO invoked powers under Section 76A of the Tenancy Act and set aside the orders passed under Section 32G for fixing the purchase price. ... The SDO held that in Tenancy Case No. 2683, the purchase price was fixed on 12th April 1996, and in Tenancy Case No. 2623, the earlier order was modified on 18th April 1996. ... However, it is also not disputed that the declaration of #HL_START....
8) Both the sides filed cross Revision Applications before the MRT challenging SDO’s order dated 14 July 2011. Respondents- landlords filed Revision Application No. P/VIII/3/ 2011 to the extent of declaration of tenancy rights of Petitioners in land bearing Gat Nos.28/1 to 28/4 whereas Petitioners filed Revision Application No. P/IX/1/2011 to the extent of denial of tenancy rights in land bearing Gat No. 6) Petitioners filed Tenancy Case No.5 of 2008 before Tehsildar and Agricultural Lands Tribunal, Daund (ALT) under Section 32G Tenancy Act for fixation of purchase price of both th....
An Appeal was filed by the land owners which was rejected by the Deputy Collector and thereafter, further proceedings were carried on, by the land owners against the orders of the revenue authorities. The Mamlatdar and ALT by an order asked him to pay the same as decided, within one year and upon payment of such sum, the necessary Certificate under Section 32M of the land was to be granted. He was to become the purchaser of the land, subject to restrictions under Section 43 of the Tenancy Act. The tenant thereafter, filed an application under Section 32G of the Tenancy Act for fixi....
From the aforesaid record, it is clear that in the proceedings initiated under Section 32G of the Tenancy Act, purchase price was fixed by the competent authority and the said purchase price was paid by the predecessor of the petitioners. Thereafter, Certificate under Section 32M of the Tenancy Act came to be issued in favour of the predecessor of the petitioners. The original land owners have received the purchase price of Rs.1000/- and issued due receipts thereof.
The word "to cultivate personally" is defined under Section 2(6) of the Tenancy Act. 5. Mr. Patel submitted that indisputably on 01/04/1957, Keshavbhai Kalyanbhai i.e. the respondent no.1 was a tenant and he became a deemed purchaser of the land in question in accordance with the provisions of the Tenancy Act. It is pointed out that the respondent - tenant paid the entire price as fixed by the authorities and pursuant to the same, a certificate under Section 32M of the Tenancy Act was also issued on 28/12/2007. Mr. Patel would submit that the certificate issued under Section 32M of the Tenan....
Now if we peruse the provisions of Section 32P and 32PP of the Act, the tenant is given option of re-purchase and purchase price is to be fixed keeping in view the provisions of Section 32H read with section 63A of the Act and therefore the purchase price is fixed at Rs.2112. The assessment of both suit lands is totally Rs.11-10 paise and therefore undisputedly it transpires that purchase price is fixed two hundred times of the assessment of land revenue and therefore now grievance of the applicant does not survive". Another letter in the said proceedings by the same Power ....
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