Content Provider | Supreme Court of India |
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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 | Matter Referred to Larger Bench |
Headnote | Bombay Tenancy and Agricultural Lands Act, 1948 – s.32 asamended by Act 15 of 1957 and ss.32F, 32G – Tenancy andAgricultural Lands Laws (Amendment) Act, 1969 – s.32(1)F(a) –One ‘B’ was the landlord of the suit property – ‘B’ expired leavingbehind his widow as his legal heir and representative – Predecessorof the appellants were tenants of ‘B’ prior to 1956-57 i.e. prior to01.04.1957 (Tillers’ Day) – Proceedings for declaring the appellantsas purchaser u/s.32G were initiated against the landlady, since,she was a widow, the proceedings were suspended during herlifetime – Landlady expired on 07.05.1999, she had executed herlast Will in favour of respondent no.1 – In 2008, appellants came toknow that landlady had expired, they filed an application beforeAddl. Tahsildar for fixing purchase price of the suit property u/s.32G of the 1948 Act, which was allowed – However, Sub-Divisional Officer, held that appellant ought to have issued noticeu/s.32F within the time as prescribed and no notice having beenissued within the time as prescribed, the appellants had lost right ofpurchase – Order was confirmed by the Revenue Tribunal – Writpetition filed against the order of the Tribunal was also dismissed –On appeal, held: The ratio of Supreme Court judgments in AppaNarsappa Magdum, Sudam Ganpat Kutwal and Tukaram Maruti Chavancases support the respondents that the appellants had not exercisedtheir right to purchase u/s.32F(1) r/w. (1A) within the time prescribed,thus, the right of purchase of the tenant was lost – However,amendment in s.32(1)F(a) added by the 1969 Act expressly covereda case of landlord who was minor and has attained majority –Intimation by a minor landlord who has attained majority has beenmade a statutory obligation of the landlord so that tenant mayexercise his right of purchase – The other two categories i.e. widowor a person subject to mental or physical disability have not beenexpressly included in amendment Act 1969 – The same benefit needs to be extended in other two categories – Further, the judgments inthree cases mentioned were rendered by the two-Judge Benches inwhich cases the amendment made by 1969 Act were neither raisedor considered – Thus, ratio laid down in these judgments needs tobe reconsidered and explained – Following questions referred tolarger Bench for consideration – (i) Whether the object and purposeof amendment made in Section 32F(1)(a) by Amendment Act of 1969is also relevant and applicable for exercise of right to purchase bya tenant of landlord who was widow or suffering from mental andphysical disability on Tillers’ Day; (ii) Whether the successor-ininterestof a widow is also obliged to send an intimation to the tenantof cessation of interest of the widow to enable the tenant to exercisehis right of purchase; (ii) In the event the answer to above question(1) or (2) is in affirmative, whether decision of this Court in AppaNarsappa Magdum, Sudam Ganpat Kutwal and Tukaram Maruti Chavanneeds reconsideration and explanation. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2018 INSC 1203 |
Petitioner | Vasant Ganpat Padave (d) By Lrs. & Ors. |
Respondent | Anant Mahadev Sawant (dead) Thru Lrs. & Ors. |
SCR | [2018] 14 S.C.R. 1273 |
Judgement Date | 2018-12-14 |
Case Number | 11774 |
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