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, being Revenue Case No. 49/59(10-F)/61-62. 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 in Revenue Case No.3/5914-AJ/70-71 of Wapti. The legal issues considered were whether the surrender of tenancy was valid and voluntary, and whether the landlord's application for resumption of land for personal cultivation under Section 38 was maintainable after the surrender. The appellants argued that the surrender was not voluntary and that the landlords' application for resumption was not maintainable. The respondents contended that the surrender was valid and voluntary, and that the landlords had the right to resume the remaining land. The court analyzed the facts and held that the surrender was valid and voluntary as verified by the Naib Tahsildar. The court further held that the surrender of half the land did not affect the landlords' right to resume the remaining land for personal cultivation under Section 38. The decision of the learned Single Judge was upheld, and the appeal was dismissed.
Headnote
A) Tenancy Law - Surrender of Tenancy - Validity - Section 20 of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - The tenant executed a document surrendering half of the suit field in favour of the 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 held that the surrender was valid and voluntary, and the tenant's subsequent application for resumption was not maintainable. (Paras 2-3) B) Tenancy Law - Resumption of Land for Personal Cultivation - Section 38 of 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. During the pendency of those proceedings, the tenant surrendered half of the land. The court held that the surrender did not affect the landlord's right to resume the remaining land for personal cultivation. (Paras 2-4)
Issue of Consideration
Whether the surrender of tenancy by the tenant was valid and voluntary, and whether the landlord's application for resumption of land for personal cultivation under Section 38 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 was maintainable after the surrender.
Final Decision
The appeal is dismissed. The judgment and order of the learned Single Judge is upheld.
Law Points
- Surrender of tenancy must be voluntary and verified by authority
- Landlord's right to resume land for personal cultivation under Section 38 of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958
- Tenant's surrender of half land does not affect landlord's right to resume remaining land
