Case Note & Summary
The case involves a dispute over agricultural lands at Wai under the Bombay Tenancy and Agricultural Lands Act, 1948. On the tillor's day (1.4.1957), a widow named Krishnabai was recorded as a permanent tenant. Proceedings under Section 32F were postponed by the Tahsildar on 13.10.1962 because the tenant was a widow. Later, on 30.10.1988, proceedings under Section 32G were disposed of, but this order was set aside by the S.D.O. on 15.11.1989, who directed a fresh inquiry. The Tahsildar restored the earlier order on 28.8.1990. The present petitioner, Hindurao Ganpati Mandhre (heir of the original tenant Ganpati Mandhre), appealed to the S.D.O., who allowed the appeal and declared that the lands were purchased by the tenant on 1.4.1957. The heirs of the landowners challenged this in revision before the M.R.T., which allowed the revision, holding that since the tenant was a widow, the tillor's day was not postponed, and after her death, the tenant Ganpati Mandhre was required to exercise his right under Section 32F, which he failed to do. The High Court considered the arguments: the petitioner argued that Section 32F is an additional mode and that the tenant became a deemed owner on tillor's day, relying on Bajirao Jaisingrao Ghadage vs Rajaram Yeshwant Chugule (2005 (3) Mh.L.J. 1082). The respondents argued that Sections 32 and 32F are not independent, relying on Vishnu Shantaram Desai vs Smt Indira Anant Patkar (1971 (63) BLR 792 FB). The Court analyzed the provisions and held that Section 32F postpones the tenant's right to purchase until the disability ceases, and the tenant must exercise the option under Section 32F. Since the tenant did not exercise the option after Krishnabai's death, the MRT's order was correct. The petition was dismissed.
Headnote
A) Tenancy Law - Deemed Purchase - Section 32, 32F, 32G Bombay Tenancy and Agricultural Lands Act, 1948 - The issue was whether a tenant (who was a widow) automatically became a deemed purchaser on tillor's day (1.4.1957) under Section 32, or whether the right was postponed under Section 32F and required exercise of option after the widow's death. The Court held that Section 32F postpones the tenant's right to purchase until the disability (widowhood) ceases, and the tenant must then exercise the option under Section 32F; Section 32G does not apply automatically. The MRT's order allowing revision was upheld. (Paras 1-8)
B) Tenancy Law - Widow Tenant - Section 32F Bombay Tenancy and Agricultural Lands Act, 1948 - The Court interpreted Section 32F(b) to mean that where the tenant is a widow, the right to purchase is postponed until the death of the widow, and the tenant must then exercise the option within the prescribed period. Failure to do so results in the tenant not becoming a deemed purchaser. (Paras 4-8)
C) Tenancy Law - Precedent - Vishnu Shantaram Desai vs Smt Indira Anant Patkar, 1971 (63) BLR 792 (FB) - The Full Bench decision was relied upon to hold that Sections 32 and 32F are not independent modes; Section 32F provides for postponement and the tenant must exercise the option. (Para 6)
Issue of Consideration
Whether a tenant whose right to purchase was postponed under Section 32F due to the tenant being a widow becomes a deemed purchaser on tillor's day under Section 32, or whether he must exercise an option under Section 32F after the widow's death to complete the purchase.
Final Decision
The writ petition is dismissed. The order of the M.R.T. is upheld. No order as to costs.
Law Points
- Interpretation of Sections 32
- 32F
- 32G of Bombay Tenancy and Agricultural Lands Act
- 1948
- Deemed purchase on tillor's day
- Postponement of tenant's right in case of widow tenant
- Necessity of exercising option under Section 32F after disability ceases
Case Details
2012 LawText (BOM) (11) 27
WRIT PETITION NO.1195 OF 1995
Mr. S.B. Deshmukh for Petitioner, Mr. P.J. Shinde for Respondent Nos. 1 & 2
Mahadeo Vittal Mandhre & anr
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of the Maharashtra Revenue Tribunal (M.R.T.) in a tenancy revision application.
Remedy Sought
Petitioner sought quashing of M.R.T. order and restoration of S.D.O.'s order declaring deemed purchase.
Filing Reason
Petitioner challenged M.R.T.'s decision that the tenant had not exercised option under Section 32F after widow's death.
Previous Decisions
Tahsildar postponed proceedings under Section 32F on 13.10.1962; later disposed of under Section 32G on 30.10.1988; S.D.O. set aside and directed fresh inquiry on 15.11.1989; Tahsildar restored earlier order on 28.8.1990; S.D.O. allowed appeal on 15.11.1989? (actually S.D.O. allowed appeal on 15.11.1989? The text says S.D.O. set aside on 15.11.1989 and later allowed appeal? There is inconsistency: Para 2 says S.D.O. set aside on 15.11.1989 and directed fresh inquiry; Para 3 says S.D.O. allowed appeal and declared purchase. The M.R.T. allowed revision against S.D.O.'s order.
Issues
Whether the tenant became a deemed purchaser on tillor's day under Section 32 despite being a widow, or whether the right was postponed under Section 32F requiring exercise of option after widow's death.
Whether the M.R.T. correctly interpreted Sections 32, 32F, and 32G of the Bombay Tenancy and Agricultural Lands Act, 1948.
Submissions/Arguments
Petitioner argued that Section 32F is an additional mode and that the tenant became deemed owner on tillor's day; relied on Bajirao Jaisingrao Ghadage vs Rajaram Yeshwant Chugule.
Respondents argued that Sections 32 and 32F are not independent; relied on Vishnu Shantaram Desai vs Smt Indira Anant Patkar (FB).
Ratio Decidendi
Under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948, where the tenant is a widow, the right to purchase the land is postponed until the disability ceases. The tenant must then exercise the option under Section 32F within the prescribed period. Failure to do so means the tenant does not become a deemed purchaser under Section 32. Sections 32 and 32F are not independent modes; Section 32F provides for postponement and the tenant must exercise the option.
Judgment Excerpts
The M.R.T. found that the original permanent tenant being a widow, tillor's day not postponed and after death of the widow after statutory disability coming to end, it was necessary for tenant Ganpati Mandhare to exercise his right under section 32F of Bombay Tenancy and Agricultural Lands, Act, 1948.
Learned Counsel for the Petitioner ... points out that Krishnabai expired on 22.12.1969 and proceedings instituted and going on during her life time therefore could not have been ignored.
Learned counsel for the landowners ... has submitted that the provisions of section 32 and 32F cannot be read independently and are not two distinct modes.
Procedural History
The Tahsildar postponed proceedings under Section 32F on 13.10.1962. On 30.10.1988, proceedings under Section 32G were disposed of. This order was set aside by the S.D.O. on 15.11.1989, who directed a fresh inquiry. The Tahsildar restored the earlier order on 28.8.1990. The petitioner appealed to the S.D.O., who allowed the appeal on 15.11.1989? (inconsistency: the S.D.O. set aside on 15.11.1989 and later allowed appeal? The text says S.D.O. allowed appeal in Para 3, but earlier set aside in Para 2. Possibly the S.D.O. allowed the appeal on a later date? The judgment does not specify the date of S.D.O.'s appellate order. The M.R.T. allowed the revision against the S.D.O.'s order. The present writ petition was filed on 28.5.1995, and rule was issued with stay on 9.2.1996.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: 32, 32F, 32G
