NDLI: Krishan Malhar Mirasdar Vs. Saswad Mali Sugar Factory Ltd. and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	4 and 14 Bombay Tenancy and Agricultural Lands Act 1948: Sections 43-A (1)(a)&(3)
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 Dismissed
Headnote	Tenancy and Land Laws : Bombay Tenancy and Agricultural Lands Act, 1948: Sections 43-A c (l)(a)&(3), 4 and 14 Sub-lessees-As deemed tenants-Lands leased to commercial undertaking viz. Sugar factory approved by State Government under S.43-A(1)(a)-Sugar factory further sub-leased to sub-lesses-Notification issued under S. 43-A (3) made S.14 applicable to limited extent of prohibiting any sub-lease executed contrary to the provisions of lease-Lease deed under which Sugar factory was given lease granted express permission to the lessee to sub-let-Held: The prohibition contained in notification is inapplicable-S.14 applies to such leases by virtue of S.43- A(I) as it was not one of the sections enumerated as excluded from their applicability to such leases-Sub-lessees of Sugar factory cannot be said to be in unlawful cultivation-Hence, sub-lessees became deemed tenants under S.4 which operates on its own. Section 4-Deemed tenant-Held: A class apart from a lessee. Section 43-A(3)(d)-Scope of-Sub-lessees-As Purchasers of land-Notification issued under S.43-A(3) laid down condition regarding "any other matter referred to in section mentioned in sub-section (I) "-Notification laid down condition that when land leased to commercial undertaking viz Sugar factory approved under S.43-A(I) is sub-leased, such sub-lessee shall have a right to purchase the land within one year from expiry of the period during which lessor is entitled to terminate the lease under S.14 and that Ss. 32 to 32-R shall, as far as may be applicable, apply to right of such lessees G to purchase that lands-Held: Notification under Sub-section (3) includes notification providing conditions for applicability of the sections which are excluded under Sub-section (1)-Hence, conditions not contrary to scope S.43-A(3).The appellants leased out lands belonging to it to the respondent-Sugar factory which was a commercial undertaking approved by the State Government under Section 43-A (1)(a) of the Bombay Tenancy and Agricultural Lands Act, 1948. The State Government issued a notification under Section 43- A(3) making Section 14 of the Act applicable to a limited extent of prohibiting any sub-lease executed contrary to the provisions of the lease. Under the lease deeds, which were renewed from time to time, the respondent-Sugar factory, the original lessee, was permitted to sub-lease the said lands and accordingly, the sub-lessees came to occupy these lands at the relevant time when the leases were granted. The further notification under Section 43- A(3) issued by the State Government laid down additional conditions one of them being that the sub-lessee shall have a right to purchase the land within C one year from the expiry of the period during which the lessor was entitled to terminate the lease under Section 14 and that Sections 32 to 32- R applied to the right of such sub-lessees to purchase the lands. Accordingly, the sub-lessees were treated as deemed purchasers of agricultural, lands cultivated by them in the light of the aforesaid notification. A Division Bench of the High Court had upheld the said right of the sub-lessees. Hence this appeal.
Judge	Hon'ble Mr. Justice S.B. Majmudar
Neutral Citation	1998 INSC 18
Petitioner	Krishan Malhar Mirasdar
Respondent	Saswad Mali Sugar Factory Ltd. And Ors.
SCR	[1998] 1 S.C.R. 97
Judgement Date	1998-01-13
Case Number	5308

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