NDLI: Dadu Rau Yelavade (dead) By His Heirs and Lrs Vs. Himmat Rasul Patel

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	bombay tenancy and agricultural
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 and Agricultural Lands Act, 1948-Sections 32, 32G, 32M, 43, 64(8)- Transfer of land by landlord after tiller's day-Void-Sale by landlord-Ratification-Effect-Vesting of title on tenants on C 21.12.1969-Sale of share by a co-tenant on 11.5.1966-Validity of. The landlord, Prabhu's lands measuring 3 acres 25 gunthas were under the cultivation of Rau, the tenant-appellant. The landlord u/s. 31 read with section 29 of the Bombay Tenancy and Agricultural Lands Act, 1943 instituted a proceeding against the tenant. During the pendency of the proceeding Rau died and his tenancy rights were inherited by his four sons, the present appellants. The landlord on 27.4.1961 decided to sell the suit land to the fourth son of the demised tenant, who effected a partition of the property. On 24.5.1961, the proceeding u/ss. 29, 31 of the Act was dismissed. Mahadu, one of the sons of Rau, sold his share in the suit land in favour of the respondent on 11.5.1966 by a registered deed. In 1969, the Tahsildar initiated proceedings u/s. 32G of the Act, and on 21.12.1969 by his order he declared the fourth son of Rau as the purchaser and also directed that a certificate u/s. 32 M read with section 43 of the Act should be issued to the tenants. He also held that the sale effected by Mahadu in favour of the respondent was contrary to law and directed the removal of the respondent's name from the revenue records. In the meanwhile one of the sons of Rau instituted a suit against the respondent for an injunction restraining him from obstructing his possession of the property. The respondent contested the suit contending that he being the purchaser of Mahadu's share, was entitled to remain in possession as a co-owner along with the plaintiff. The Civil Court u/s. 85 of the Act referred two issues for determination of the tenancy authorities, which were:- "(1) Was the plaintiff a tenant of the suit-property and did he subsequently become its deemed purchaser ? (2) Was the sale deed by Mahadu to Patel (respondent) invalid under Act?" The Tahsildar answered both questions in affirmative. In appeal, the findings of the Tahsildar, that the plaintiff was the deemed purchaser of the land on 1.4.1959 and that the transfer by Mahadu in favour of the respondent was hit by the provisions of section 43 of the Act, were confirmed. Respondent's revision was allowed by the Revenue Tribunal, holding that the sale by Mahadu in favour of respondent was not invalid; that the sons of Rau were deemed purchasers only on 24.5.1961 and became actual purchaser only on 21.12.1969, when the sale in their favour was regularised u/s. 32M of the Act. The High Court dismissed the revision petition filed under Article 227 of the Constitution by the appellants, holding that section 64 did not prohibit the landlord from selling his land to the tenants by private agreements; that the ownership rights of the tenants were acquired not u/s. 32 of the Act but by virtue of a sale between the landlord and the tenants; that since the sale was not one u/s. 32, provisions of section 43 of the Act were not attracted; and that the tenants became owners not on 24.5.1961 but on 27 .4.1961. Against the order of the High Court by special leave, the present appeal was preferred by the tenants. The appellants-tenants-plaintiffs contended that the High Court erred in holding that the sale in favour of the appellants-tenants was not affected by section 64 of the Act.
Judge	Hon'ble Mr. Justice S. Ranganathan
Neutral Citation	1992 INSC 68
Petitioner	Dadu Rau Yelavade (dead) By His Heirs And Lrs
Respondent	Himmat Rasul Patel
SCR	[1992] 2 S.C.R. 101
Judgement Date	1992-03-10
Case Number	2407

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