Case Note & Summary
The petitioners, tenants of agricultural land admeasuring 9 acres and 23 gunthas from Survey No.438 of village Yelgaon, Karad Taluka, Satara District, challenged the orders of the Additional Tahsildar and ALT, Karad dated 27/9/1974, the Special Land Acquisition Officer No.II, Satara in Tenancy Appeal No.54 of 1976, and the Maharashtra Revenue Tribunal in Revision Application No.5 of 1984. The suit land was owned by Smt. Sitabai @ Kashibai Ramchandra Dandge, who was a widow on the tiller's day (1/4/1957), resulting in the postponement of the tiller's day. The tenants filed an application under Section 32G(4) of the Bombay Tenancy and Agricultural Lands Act, 1948 for determination of purchase price. The Additional Tahsildar dismissed the application, holding that the purchase price had already been determined in earlier proceedings and that the matter was barred by res judicata. The appeal and revision were also dismissed. The High Court, in its judgment dated June 19, 2006, upheld the orders, holding that the purchase price was correctly determined as on the postponed tiller's day and that the tenants' application was not maintainable due to the finality of earlier orders. The court dismissed the writ petition with no order as to costs.
Headnote
A) Tenancy Law - Purchase Price Determination - Section 32G Bombay Tenancy and Agricultural Lands Act, 1948 - Postponed Tiller's Day - The purchase price of agricultural land must be determined as on the postponed tiller's day when the original tiller's day was postponed due to the landlord being a widow. The court held that the tenant's application for re-determination of purchase price was rightly dismissed as the earlier proceedings had attained finality. (Paras 1-5)
B) Tenancy Law - Res Judicata - Section 32G Bombay Tenancy and Agricultural Lands Act, 1948 - Finality of Orders - The orders passed by the Tahsildar and confirmed in appeal and revision had become final and binding. The tenant's subsequent application under Section 32G(4) was barred by the principle of res judicata. (Paras 3-5)
Issue of Consideration
Whether the purchase price of the suit land was required to be determined as on the postponed tiller's day and whether the application under Section 32G(4) was barred by res judicata.
Final Decision
The High Court dismissed the writ petition, upholding the orders of the lower authorities. No order as to costs.
Law Points
- Purchase price determination under Section 32G
- postponed tiller's day
- res judicata
- finality of orders under Tenancy Act
Case Details
Writ Petition No.3975 of 1985
Mr. H.D. Gole with Mr. P.S. Gole for petitioners; Mr. Hitendra Venegaonkar for respondents
Tukaram Hari Shevale, Bapu Hari Shevale (since deceased) through his heirs, Ramchandra Ganu Shevale
Smt. Laxmibai Vishnu Kulkarni (since deceased) through her heirs, Ramesh Narayan Mahajan, Chandrakant Krishna Shete, The Maharashtra Revenue Tribunal
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Nature of Litigation
Writ petition challenging orders under the Bombay Tenancy and Agricultural Lands Act, 1948 regarding determination of purchase price.
Remedy Sought
Petitioners-tenants sought to quash the orders of the Additional Tahsildar, Special Land Acquisition Officer, and Maharashtra Revenue Tribunal dismissing their application under Section 32G(4) of the Tenancy Act.
Filing Reason
The tenants' application for determination of purchase price was dismissed on the ground that the purchase price had already been determined and the matter was barred by res judicata.
Previous Decisions
The Additional Tahsildar dismissed the application on 27/9/1974; the Special Land Acquisition Officer dismissed Tenancy Appeal No.54 of 1976; the Maharashtra Revenue Tribunal dismissed Revision Application No.5 of 1984.
Issues
Whether the purchase price of the suit land was required to be determined as on the postponed tiller's day?
Whether the application under Section 32G(4) was barred by res judicata?
Submissions/Arguments
Petitioners argued that the purchase price should be determined as on the postponed tiller's day and that the earlier proceedings did not bar the application.
Respondents contended that the purchase price had already been determined and the orders had attained finality, thus the application was not maintainable.
Ratio Decidendi
The purchase price for land under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 must be determined as on the postponed tiller's day when the original tiller's day was postponed due to the landlord being a widow. However, the tenant's application for re-determination was barred by res judicata as the earlier proceedings had attained finality.
Judgment Excerpts
The petitioners-tenants have brought in question the order passed by the Addl. Tahsildar and ALT at Karad on 27/9/1974 dismissing their application under Section 32G(4) of the Bombay Tenancy and Agricultural Lands Act, 1948.
The suit land admeasuring 9 Acres and 23 Gunthas from revised Survey No.438 of village Yelgaon in Karad Taluka of Satara District was owned by Smt.Sitabai @ Kashibai Ramchandra Dandge and on the tiller’s day i.e. on 1/4/1957 she was a widow and hence on account of that the said tiller’s day was postponed.
Procedural History
The Additional Tahsildar and ALT, Karad dismissed the tenants' application under Section 32G(4) on 27/9/1974. The tenants appealed to the Special Land Acquisition Officer No.II, Satara in Tenancy Appeal No.54 of 1976, which was dismissed. They then filed Revision Application No.5 of 1984 before the Maharashtra Revenue Tribunal, which was also dismissed. The tenants then filed the present writ petition before the Bombay High Court.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: 32G, 32G(4)
