Case Note & Summary
The petitioners, legal heirs of the original tenant Jaganath Shankar Shinde, filed a writ petition claiming tenancy rights over land bearing Survey No.109/4 (now Gat No.58/4) admeasuring 1 Hectare 35 Ares at Dhuledeo. The dispute arose from proceedings under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, initiated on 9th April 1960. Both the tenant and landlord were absent, and by order dated 6th July 1963, the Agricultural Lands Tribunal (ALT) Phaltan directed that the land be taken possession of and shown in the Collector's pool under Section 32P of the Act. Appeals by the petitioners and Respondent No.1 were dismissed on 20th September 1963 and 18th September 1964 respectively. The land was attached and shown in the Collector's pool, and thereafter leased to the petitioner under Section 18D of the Act. In 1982, fresh proceedings under Section 32G were initiated. The ALT recorded the statement of the tenant. The petitioners challenged the earlier orders, but the court held that once the land was taken over by the Collector's pool under Section 32P, the original tenancy rights were extinguished. The subsequent lease under Section 18D created a new tenancy, not a revival of the old one. The court dismissed the petition, finding no merit in the claim.
Headnote
A) Tenancy Law - Extinguishment of Tenancy - Section 32P, Bombay Tenancy and Agricultural Lands Act, 1948 - Once land is taken over by the Collector's pool under Section 32P, the original tenancy rights stand extinguished - The subsequent lease under Section 18D creates a new tenancy, not a continuation of the old one - Held that the petitioners cannot claim rights as original tenants (Paras 1-2).
Issue of Consideration
Whether the petitioners can claim tenancy rights in land that was already taken over by the Collector's pool under Section 32P of the Bombay Tenancy and Agricultural Lands Act, 1948, and subsequently leased to them under Section 18D of the same Act.
Final Decision
The writ petition is dismissed. No order as to costs.
Law Points
- Tenancy rights extinguished when land taken over by Collector's pool under Section 32P
- Subsequent lease under Section 18D does not revive original tenancy
- Limitation for challenging orders under Section 32G
Case Details
2005 LawText (BOM) (01) 149
Writ Petition No.724 of 1988
Mr. R.R. Bhosale for the Petitioners, Mr. P.B. Shah for Respondent No.1
Shri Jaganath Shankar Shinde (since deceased through legal heirs: Smt. Sunanda Jaganath Shinde, Shri Rajendra Jaganath Shinde, Shree Sanjay Jaganath Shinde, Sau. Shubhangi Vijay Jadhav, Sau. Meena Sanjay Bhame)
Shri Vasant Krishna Shinde, Maharashtra Revenue Tribunal, Pune
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Nature of Litigation
Writ petition challenging orders regarding tenancy rights under the Bombay Tenancy and Agricultural Lands Act, 1948.
Remedy Sought
Petitioners sought declaration of tenancy rights over land Survey No.109/4 (Gat No.58/4) at Dhuledeo.
Filing Reason
Petitioners claimed tenancy rights in land that had been taken over by the Collector's pool under Section 32P and later leased to them under Section 18D.
Previous Decisions
ALT Phaltan order dated 6th July 1963 directing land to be taken over by Collector's pool; appeals dismissed on 20th September 1963 and 18th September 1964.
Issues
Whether the petitioners' tenancy rights survived after the land was taken over by the Collector's pool under Section 32P of the Bombay Tenancy and Agricultural Lands Act, 1948.
Whether the subsequent lease under Section 18D of the Act revived the original tenancy.
Submissions/Arguments
Petitioners argued that they continued to be tenants despite the land being taken over by the Collector's pool.
Respondent No.1 contended that the original tenancy was extinguished when the land entered the Collector's pool.
Ratio Decidendi
Once land is taken over by the Collector's pool under Section 32P of the Bombay Tenancy and Agricultural Lands Act, 1948, the original tenancy rights are extinguished. A subsequent lease under Section 18D creates a new tenancy and does not revive the old tenancy.
Judgment Excerpts
The land was attached and shown in the Collector's pool as per Section 32P of the B.T. & A.L. Act.
Thereafter the land was leased to the petitioner under Section 18-D of the B.T. & A.L. Act.
Procedural History
Proceedings under Section 32G initiated on 9th April 1960. ALT order dated 6th July 1963 directing land to be taken over by Collector's pool. Appeals dismissed on 20th September 1963 and 18th September 1964. Fresh proceedings under Section 32G in 1982. Writ Petition No.724 of 1988 filed in Bombay High Court.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: 32G, 32P, 18D
