| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Bombay Tenancy & Agricultural Lands Act |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Bombay Tenancy and Agricultural Lands Act, 1948 (67 of 1948) |
| Case Type | Appeal |
| Court | Supreme Court of India |
| Disposal Nature | Appeal Disposed Off |
| Headnote | Bombay Tenancy & Agricultural Lands Act, 1948, S. 43A Composite purpose lease and single purpose lease-Distinction between-Lease for composite purpose-Area where only sugarcane cultivated-Exempted-Area where along with sugarcane other crops cultivated-Not exempted. The Bombay Tenancy Agricultural Lands Act, 1948, by s.32(1) provides that every tenant should, subject to the other provisions contained in the Act, be deemed to have purchased from the landlord, free of all encumbrances the land held by him as tenant, if such tenant was a permanent tenant and cultivated the land personally; or such tenant was not a permanent tenant but cultivated the land leased personally; and the landlord has not given notice of termination of his tenancy under section 31 ; or notice had been given under section 31, but the landlord had not applied to the Mamlatdar on or before 31st day of March, 1956 under section 29 for obtaining possession of the land; or for certain other contingencies mentioned in section 32 of the Act. Section 43A provides that the aforesaid provisions for the benefit of tillers or tenants would not apply to land granted to any bodies or persons for the cultivation of sugarcane or the growing of fruits or flowers or for the breeding of livestock. The appellant-tenant had taken the snit land on lease from the respondent. The lease deed was alleged to have been executed for the purpose of cultivation of chillies, tobacco, sugarcane and groundnuts etc. Suo moto proceedings for fixing the price under s.32(g) were taken on the assumption that the appellant-tenant had become statutory purchaser by virtue of s.32 of the Act. While the proceedings were pending, the respondents made an application under the Act for determination of reasonable rent on the basis that the lands were leased for growing sugarcane. The trial court rejected the application holding that the lands had been leased not for growing sugarcane alone, but for different types of crops. However, the Special Land Acquisition Officer held that the purpose of the lease was one for cultivating sugarcane and, as such, the lands were governed by the provisions of s.43A of the Act and directed the determination of the rent accordingly. The Maharashtra Revenue Tribunal as well as the High Court confirmed the aforesaid order. The High Court held that though initially there was some mention of other crops, the Kabulayat (Lease Deed) in terms intended that the land would be used for cultivation of sugarcane, and when sugarcane was not being cultivated, the other crops could be cultivated till the land was again available for sugarcane cultivation, and if that be not the intention, the entire document could not be correctly and reasonably reconciled and that the predominate purpose being sugarcane cultivation, the tenant was not entitled to the right asserted by him. In appeal to the Supreme Court, it was contended on behalf of the appellant-tenant: (i) that the whole of the land is not for the cultivation of sugarcane; (ii) that in an area of I l acres, only· l acre was subjected D to the cultivation of sugarcane, and that the Kabulayat or the lease clearly indicated that there were other purposes; and (iii) that the land could not be exempted because the lease was not for the cultivation of the sugarcane alone. |
| Judge | Honble Mr. Justice Sabyasachi Mukherjee |
| Neutral Citation | 1987 INSC 2 |
| Petitioner | Sakharam Shripati Jadhav, Deceased Through His Legal Representatives And Others |
| Respondent | Chandrakant Alias Madhav Laxman Agnihotri And Others |
| SCR | [1987] 1 S.C.R. 913 |
| Judgement Date | 1987-01-08 |
| Case Number | 20 |
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