Case Note & Summary
The petitioner, Smt. Saraswati Shamrao Dhere, was a tenant of half portion of agricultural land in Shiroli, Kolhapur. Respondent Nos. 2 and 3 were tenants of the other half. They purchased their respective halves under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948. On 13 December 1983, respondent Nos. 2 and 3 transferred their half (the said property) to Khutub Babu Malani (original respondent No.1) without obtaining previous sanction from the Collector as required by Section 43 of the Act. The petitioner filed Tenancy Case No.10 of 1984 before the Tahsildar seeking a declaration that the transfer was invalid and that the property should be disposed of under Section 84C. The Tahsildar declared the transfer invalid on 2 September 1985, and the Assistant Collector dismissed the appeal on 8 August 1988. Khutub Malani then filed a revision before the Maharashtra Revenue Tribunal (MRT), which allowed it on 9 August 1990, relying on a sanction granted by the Sub-Divisional Officer on 17 July 1984 as constituting 'regularisation' of the transfer. The petitioner challenged this order in the High Court. The court held that Section 43 requires 'previous sanction' and a subsequent sanction cannot validate a transfer that was void ab initio. The MRT's order was set aside, and the orders of the Tahsildar and Assistant Collector were restored.
Headnote
A) Tenancy Law - Transfer of Agricultural Land - Previous Sanction - Section 43, Bombay Tenancy and Agricultural Lands Act, 1948 - The court considered whether a transfer made without prior sanction can be validated by subsequent sanction - Held that Section 43 mandates 'previous sanction' and a post-transfer sanction cannot cure the invalidity ab initio - The MRT's order relying on subsequent sanction was set aside (Paras 1-6).
Issue of Consideration
Whether a transfer of agricultural land made without previous sanction under Section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948 can be regularized by a subsequent sanction granted after the transfer.
Final Decision
The High Court allowed the writ petition, set aside the MRT order dated 9 August 1990, and restored the orders of the Tahsildar and Assistant Collector declaring the transfer invalid and directing action under Section 84C.
Law Points
- Section 43 of the Bombay Tenancy and Agricultural Lands Act
- 1948 requires previous sanction for transfer
- post-transfer sanction cannot regularize invalid transfer
- Section 84C provides for disposal of property transferred without sanction
