NDLI: Vasant Ganpat Padave (d) By Lrs. & Ors . Vs. Anant Mahadev Sawant (d) Through Lrs. & Ors

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1948 – s.32-F(1)(a) Maharashtra Tenancy and Agricultural Lands Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Maharashtra Tenancy and Agricultural Lands Act, 1948 – s.32-F(1)(a) – Amendment made in s. 32 F(1)(a) by Act 49 of 1969 – Object and purpose of – Relevancy and applicability of the object of Amendment made in s. 32-F(1)(a) by Act of 1969 for exercise of right to purchase by a tenant of a landlord who was a widow or suffering from mental or physical disability on Tillers’ day – Held: Object of the Amendment Act of 1969 is relevant and applicable in deciding the scope of the right to purchase by a tenant of a landlord who was a widow or suffering from mental or physical disability on Tillers’ day – Successor-in-interest of a widow is obliged to send an intimation to the tenant of cessation of interest of the widow to enable the tenant to exercise his right of purchase.Maharashtra Tenancy and Agricultural Lands Act, 1948 – s. 32-F(1)(a) – Interpretation of – Literal interpretation or golden rule of interpretation – By introduction of s 32-F by the Amendment Act of 1956, tenant was given right to purchase where landlord was minor or a widow or a person subject to mental or physical disability within one year from the expiry of the period during which such landlord was entitled to terminate the tenancy u/s. 31 – However, number of tenants holding land from landlords who were minors lost right to purchase land for their failure to give intimation within the period laid down in sub-section (1-A) of s. 32 – Thus, to give the tenants fresh opportunity to purchase land, s.32-F amended by Amendment Act 49 of 1969 – Words “and for enabling the tenant to exercise the right of purchase, the landlord shall send an intimation to the tenant of the fact that he has attained majority, before the expiry of the period during which such landlord is entitled to terminate the tenancy u/s. 31, inserted into sub section (1)(a) – Amendment to s.32-F(1)(a) expressly covered a case of landlord who was minor and has attained majority, but other two categories ‘widow or a person subject to mental or physical not expressly included – Held: Literal reading of s. 32- F(1)(a) would lead to absurd situation – Draftsman forgot that when the addition to s. 32-F(1)(a) was made, s. 32F(1)(a) referred to three categories of landlords and not only one – Law may recognise degrees of harm, but in so doing the classification should never be arbitrary, artificial or evasive – Classification made in favour of tenants of minor landlords as opposed to tenants of landlords of the other two categories is arbitrary in nature – Thus, such classification would ordinarily have to be struck down as being violative of Art. 14 – However, instead of striking down such classification as a whole, the words “..of the fact that he has attained majority..”, can be striked down, as a result s. 32-F(1)(a) now ceases to be discriminatory, since it is applicable to tenants of all three categories of landlords – Thus, in order to read s. 32- F(1)(a) in conformity with Art. 14, the words “..of the fact that he has attained majority..” is eliminated so that the intimation that is to be made by the landlord has to be made to tenants of all the three categories of landlords covered by the provision – Interpretation of statutes – Constitution of India – Art.14.Maharashtra Tenancy and Agricultural Lands Act, 1948 – s. 32-F(1)(a) – Right of tenant to purchase where landlord is minor, etc. – Construction of s. 32 F(1)(a) – Held: Cultivating tenant in all cases where the landlord is a minor, a widow or a person subjected to a disability, does not statutorily become owner of the agricultural land cultivated personally by him on Tillers’ Day – These three categories of landlords are deemed to cultivate personally through such tenant – In any of these three cases, the moment the disability ceases, the land no longer belongs to a minor, as he has become major, or to a widow, as she has died or transferred her share with permission u/s.63, or to a person whose mental or physical disability ceases – Such persons are granted one year to apply for resumption of the land on the ground that such persons wish to personally cultivate the said land, pursuant to which an application for possession of land u/s. 29 may then be made – In case this is done within the time prescribed, the tenant’s right to purchase does not fructify – Right of the tenant is postponed, only when this is not done within the period of one year.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2018 INSC 1203
Petitioner	Vasant Ganpat Padave (d) By Lrs. & Ors .
Respondent	Anant Mahadev Sawant (d) Through Lrs. & Ors
SCR	[2019] 15 S.C.R. 569
Judgement Date	2019-09-18
Case Number	11774

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Vasant Ganpat Padave (d) By Lrs. & Ors . Vs. Anant Mahadev Sawant (d) Through Lrs. & Ors

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