Case Note & Summary
The petitioners, claiming to be tenants of a suit property, initiated proceedings under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 for purchase of the land. The Tahsildar allowed the application on 1 February 1979, and a certificate under Section 32M was issued on 30 September 1980, declaring the petitioners as deemed purchasers. After almost seven years, respondent no. 1 filed an application under Section 32F, claiming that the land belonged to Kasabai Tukaram Mate, a widow on tiller's day (1 April 1957), who died on 24 December 1971. The respondent alleged that the petitioners failed to give intimation of the landlord's death within two years as required. The Assistant Collector dismissed the application on 31 December 1992, but the Maharashtra Revenue Tribunal set aside that order and remanded the matter for reconsideration. The High Court examined whether the MRT erred in remanding the matter despite the application being clearly barred by limitation. The court noted that the application under Section 32F was filed in 1987, well beyond the two-year period from the landlord's death in 1971. The court held that the MRT failed to consider this crucial aspect and that the purchase certificate under Section 32M is conclusive. Consequently, the High Court allowed the writ petition, set aside the MRT's order, and restored the Assistant Collector's order dismissing the Section 32F application.
Headnote
A) Tenancy Law - Purchase of Land by Tenant - Section 32F, 32G, 32M Bombay Tenancy and Agricultural Lands Act, 1948 - Limitation - The respondent's application under Section 32F was filed almost seven years after the death of the landlord, beyond the two-year period prescribed under the proviso to Section 32F(1)(a) - The court held that the MRT erred in remanding the matter without considering the bar of limitation - The purchase certificate under Section 32M is conclusive and cannot be reopened after such delay (Paras 1-3).
Issue of Consideration
Whether the Maharashtra Revenue Tribunal erred in setting aside the Assistant Collector's order and remanding the application under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948, despite the application being filed beyond the prescribed period of limitation.
Final Decision
The High Court allowed the writ petition, set aside the order of the Maharashtra Revenue Tribunal dated 13 November 1996, and restored the order of the Assistant Collector dated 31 December 1992 dismissing the application under Section 32F.
Law Points
- Section 32F application must be made within two years of landlord's death
- Section 32M certificate is conclusive
- delay in filing Section 32F application cannot be condoned beyond limitation
Case Details
2015 LawText (BOM) (01) 20
Writ Petition No. 2221 of 1997
Mr. S. S. Kanetkar for Petitioners, Mr. Dilip Bodake for Respondent No. 1
Shri Pandharinath Pandurang Mate deceased by his legal heirs Shri Patil Pandharinath Mate & Ors.
Smt. Radhabai Mahadeo Mate & Ors.
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Revenue Tribunal setting aside the Assistant Collector's order and remanding the application under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948.
Remedy Sought
Petitioners sought to quash the MRT order and restore the Assistant Collector's order dismissing the Section 32F application.
Filing Reason
The MRT remanded the matter despite the application under Section 32F being filed beyond the prescribed period of limitation.
Previous Decisions
Assistant Collector dismissed the Section 32F application on 31 December 1992; MRT set aside that order and remanded on 13 November 1996.
Issues
Whether the application under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 was barred by limitation.
Whether the Maharashtra Revenue Tribunal erred in remanding the matter without considering the limitation issue.
Submissions/Arguments
Petitioners argued that the Section 32F application was filed almost seven years after the landlord's death, beyond the two-year period prescribed under the proviso to Section 32F(1)(a).
Respondents contended that the petitioners failed to give intimation of the landlord's death within two years, and the MRT correctly remanded the matter for reconsideration.
Ratio Decidendi
The application under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 must be made within two years from the death of the landlord. The purchase certificate under Section 32M is conclusive and cannot be reopened after such delay. The MRT erred in remanding the matter without considering the bar of limitation.
Judgment Excerpts
This petition is directed against the order dated 13 November 1996 made by the Maharashtra Revenue Tribunal ('MRT'), Pune setting aside order dated 31 December 1992 made by the Assistant Collector, Pune and remanding the application made by the respondents herein under Section 32F of the Bombay Tenancy and Agricultural Lands Act, 1948 ('said Act') for reconsideration.
After the period of almost seven years, respondent no. 1 herein made application under Section 32F of the said Act, which came to be numbered as tenancy case No. 12 of 1987...
Procedural History
On 1 April 1972, Ramchandra Pansare initiated proceedings under Sections 25 and 29 of the Act for resumption of possession, which were dismissed on 13 July 1992. Pansare's appeal was dismissed on 31 December 1972. Petitioners then initiated proceedings under Section 32G for purchase of the suit property, allowed by Tahsildar on 1 February 1979, and certificate under Section 32M issued on 30 September 1980. Respondent no. 1 filed application under Section 32F in 1987 (Tenancy Case No. 12 of 1987). Assistant Collector dismissed it on 31 December 1992. MRT set aside that order and remanded on 13 November 1996. Petitioners filed the present writ petition on 1997.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: Section 32F, Section 32G, Section 32M, Section 25, Section 29
