Case Note & Summary
The petitioner, a landlord, challenged the order of the Maharashtra Revenue Tribunal dated 14th September 1990, which had allowed the tenant's revision and set aside the Appellate Authority's order. The Assistant Tahsildar had originally held that the purchase of lands by the tenant was effective under Section 32-G(4) of the Bombay Tenancy & Agricultural Lands Act, 1948. The landlord appealed, and the Appellate Authority allowed the appeal, holding that Section 32-F(1A) was not applicable because the landlord had attained majority before the section was introduced, and the tenant had sent intimation of purchase only on 30th September 1998. The tenant then filed a revision before the Maharashtra Revenue Tribunal, which held that Section 32-F(1A) applied and set aside the Appellate Authority's order. The landlord filed a writ petition in the Bombay High Court. The High Court, after considering the scope of Section 32-F(1A), held that the provision applies only if the landlord was a minor on the date of its introduction. Since the landlord had attained majority before the section was introduced, the provision was not applicable. The court also noted that the tenant had sent intimation of purchase only on 30th September 1998, which was after the landlord had attained majority, and thus the intimation was invalid. The High Court allowed the writ petition, set aside the order of the Maharashtra Revenue Tribunal, and restored the order of the Appellate Authority.
Headnote
A) Tenancy Law - Purchase of Land by Tenant - Section 32-F(1A) of Bombay Tenancy & Agricultural Lands Act, 1948 - Applicability to Minor Landlord - The provision applies only if the landlord was a minor on the date of its introduction. Since the landlord had attained majority before the section was introduced, the provision is not applicable. (Para 1) B) Tenancy Law - Intimation of Purchase - Section 32-F(1A) of Bombay Tenancy & Agricultural Lands Act, 1948 - Time Limit - The tenant must give intimation of purchase within the prescribed period. In this case, the tenant sent intimation only on 30th September 1998, which was after the landlord had attained majority, and thus the intimation was invalid. (Para 1) C) Tenancy Law - Termination of Tenancy - Section 32-F(1A) of Bombay Tenancy & Agricultural Lands Act, 1948 - Landlord's Right - If the tenant fails to give intimation within the prescribed period, the landlord is entitled to terminate the tenancy. The Appellate Authority correctly allowed the appeal and set aside the purchase order. (Para 1)
Issue of Consideration
Whether the provisions of Section 32-F(1A) of the Bombay Tenancy & Agricultural Lands Act, 1948 apply to a landlord who had attained majority before the said section was introduced, and whether the tenant's intimation of purchase sent after the landlord attained majority is valid.
Final Decision
The High Court allowed the writ petition, set aside the order of the Maharashtra Revenue Tribunal dated 14th September 1990, and restored the order of the Appellate Authority dated 31st July 1983.
Law Points
- Section 32-F(1A) of Bombay Tenancy & Agricultural Lands Act
- 1948 applies only if landlord was minor on the date of its introduction
- tenant's intimation of purchase must be given within the prescribed period
- landlord's right to terminate tenancy if tenant fails to give intimation within time
