NDLI: Keshav Bhaurao Yeole (d) By Lrs. Vs. Muralidhar (d) & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Bombay Tenancy and Agricultural Lands Act 1948
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Issue for consideration: Whether the High Court was justified in ordering remand of the matter for examination of afresh bonafide requirement of the heirs of the landlord for personal cultivation, in light of the changed circumstances-death of landlord; and whether the holding of the landlord exceeds one economic holding and whether the landlord earns his livelihood principally by agriculture or by agricultural labour. Bombay Tenancy and Agricultural Lands Act, 1948 – s. 43A – Application under – Dispute between the legal heirs of the original landlord and the tenants of leased lands – Survey No. 291 leased for sugarcane cultivation, while the other Survey leased for general cultivation, for 13 years – Expiration of lease period – Issuance of notice as regards Survey No. 291 by the landlord to terminate the tenancy for personal cultivation, however possession not vacated – Proceedings for resumption of lands by the landlord – Original authority directed the restoration of 22 acres of the suit land to the landlord, based on the premise that both parties had an equal area for personal cultivation – Said finding upheld by the appellate authority but modified the restored land to 17 acres 17 guntas – Thereafter, in Revision, the case was remanded – High Court also ordered remand of the matter for examination afresh of the bonafide requirement of the heirs of the landlord for personal cultivation – Correctness: Held: Holding of the landlord is 13 acres of jirayat land – Only such land which a person holds (is in possession) as an owner or tenant, must be taken into account – Land leased to the tenants cannot be said to be held by the landlord either as an owner, or as a tenant – s. 6 provides that one unit of economic holding in the context of jirayat land is equivalent to a holding of 16 acres – Thus, the holding of the landlord cannot be said to be in excess of one unit of economic holding – Original authority held that the landlord’s principal source of income is from agriculture, which was upheld by the appellate authority and the revisional authority – As per s. 33(B)(5)(b), the landlord’s entitlement to terminate tenancy and recover possession of land leased is only to the extent ‘of so much thereof as would result in both the landlord and the tenant holding thereafter in the total an equal area for personal cultivation’ – Original authority and appellate authority disagreed on the extent of land to be resumed to the landlord – In deciding the extent of land to be restored, the Original authority was correct in applying the provision contained in s. 33B(5)(b) but erred in its interpretation and application – Appellate authority could not have applied s. 31B since the application of s. 31B stands excluded by s. 43A and the amended notification – Further, from the evidence on record, the landlord has 13 acres of jirayat land, which he holds as owner – Litigation having been pending for nearly 50 years – Relegating the parties to the authorities would add acrimony between the parties, as such the formula prescribed u/s.33B(5)(b) is applied to allocate the respective shares of the parties – Also, the High Court erred in remanding the case by considering, events which occurred subsequent to the date of filing of the petition – It was unnecessary for the revisional authority to remand the case – Impugned order passed by the High Court set aside – Legal heirs of original landlord entitled to 8.34 Acres in Survey No.291. [Para 24-31] Interpretation of statutes – Interpretation of phrase ‘economic holding’ in the Bombay Tenancy and Agricultural Lands Act, 1948 – Importing of the definition of ‘to hold land’ from the Maharashtra Land Revenue Code, 1966: Held: Preamble in the Maharashtra Land Revenue Code, 1966 suggests that the object of the enactment was ‘to unify and amend the law relating to land and land revenue in the State of Maharashtra – The Act was brought in with the object of amending ‘the law relating to tenancies of agricultural lands and to make certain other provisions in regard to those lands’ – Under several provisions of the Act, reference is required to be made to the Code – Provisions contained in the Act and the Code operate in an overlapping sphere and fertilize each other – Words used in the Code and the expressions appearing under the Act, when read harmoniously, it would indicate that the expressions in both the enactments are complementary and supplementary to each other – Thus, the Act and Code are in pari materia to each other, and the definition of ‘to hold land’ is drifted from the Code for the purpose of interpreting the phrase, ‘economic holding’ in the Act – Thus, when s. 2(6A) of the Act and s. 2(12) of the Code are read together, the economic holding of a person would be computed by taking account of the lands possessed (whether actual or not) by such person, whether as owner or tenant. [Para 22]
Judge	Hon'ble Mr. Justice Aravind Kumar
Neutral Citation	2023 INSC 939
Petitioner	Keshav Bhaurao Yeole (d) By Lrs.
Respondent	Muralidhar (d) & Ors.
SCR	[2023] 14 S.C.R. 935
Judgement Date	2023-10-19
Case Number	11104

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