Case Note & Summary
The case involves a Letters Patent Appeal filed by the appellants (original tenants) against the judgment of a learned Single Judge of the Bombay High Court, Nagpur Bench, which allowed the writ petition filed by the respondents (original landlords). The suit field, Survey No.26, area 30.34 acres, was owned by the writ petitioners and their father Balkisanji. One Sitaram Gole was the tenant of the field. After the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 came into effect, the landlords filed an application for resumption of land for personal cultivation under Section 38 of the Act on 24.03.1961. During the pendency of those proceedings, the tenants executed a document on 03.12.1970 surrendering half of the suit field in favour of the landlords. On 29.04.1971, the tenants filed an application under Section 20 of the Tenancy Act for verification of surrender. The Naib Tahsildar, after examining the tenants and the father of the writ petitioners, declared the surrender to be valid and voluntary on 23.05.1972. The learned Single Judge allowed the writ petition filed by the landlords, and the tenants appealed. The Division Bench of the Bombay High Court upheld the judgment of the learned Single Judge, holding that the surrender was valid and voluntary, and the landlords were entitled to resume the land for personal cultivation.
Headnote
A) Tenancy Law - Surrender of Tenancy - Validity - Section 20, Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - The tenants executed a document surrendering half of the suit field in favour of landlords on 03.12.1970. The Naib Tahsildar, after examining the tenants and the father of the writ petitioners, declared the surrender to be valid and voluntary on 23.05.1972. The court upheld the surrender as genuine and voluntary. (Paras 2-3) B) Tenancy Law - Resumption of Land for Personal Cultivation - Section 38, Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - The landlords filed an application for resumption of land for personal cultivation on 24.03.1961. The court allowed the resumption, holding that the landlords were entitled to resume the land for personal cultivation under Section 38 of the Act. (Paras 2-3)
Issue of Consideration
Whether the surrender of tenancy by the tenants was valid and voluntary, and whether the landlords were entitled to resume the land for personal cultivation under Section 38 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.
Final Decision
The appeal is dismissed. The judgment and order of the learned Single Judge in Writ Petition No.1719/1992 is upheld.
Law Points
- Surrender of tenancy must be voluntary and genuine
- Section 38 of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958
- Landlord's right to resume land for personal cultivation
- Verification of surrender under Section 20 of the Act
