Case Note & Summary
The case involves a dispute between the petitioners (original applicants/landlords) and the respondents (original non-applicants/tenants) concerning agricultural land in Shivani, Taluka Kalamnuri, District Parbhani. The landlords challenged the order of the Maharashtra Revenue Tribunal, Aurangabad, dated 23rd April 1992, which confirmed the purchase of the land by the tenants under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948. The landlords had initially filed an application before the Tenancy Court, which was dismissed, and the appeal to the Revenue Tribunal was also dismissed. Aggrieved, the landlords filed the present writ petition. The High Court, after hearing the parties, found that the Tribunal's order was based on proper appreciation of evidence and did not suffer from any jurisdictional error or perversity. The court noted that the tenants had been in possession and had complied with the provisions of the Act. The writ petition was dismissed, upholding the Tribunal's order.
Headnote
A) Tenancy Law - Purchase of Land by Tenant - Section 32G Bombay Tenancy and Agricultural Lands Act, 1948 - The tenant's application for purchase of land was allowed by the Tribunal, and the landlord's challenge was dismissed. The High Court held that the Tribunal's order was based on evidence and did not suffer from any error of law. (Paras 1-10)
B) Limitation - Challenge to Tenancy Purchase - The writ petition was filed after a considerable delay, and the court found no grounds to interfere with the concurrent findings of fact. (Paras 1-10)
Issue of Consideration
Whether the Maharashtra Revenue Tribunal erred in confirming the purchase of agricultural land by the tenant under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, and whether the writ petition challenging that order is maintainable.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Maharashtra Revenue Tribunal dated 23rd April 1992.
Law Points
- Tenancy law
- Purchase of land by tenant
- Section 32G Bombay Tenancy and Agricultural Lands Act
- 1948
- Jurisdiction of Revenue Tribunal
- Limitation for challenging tenancy purchase
Case Details
2017 LawText (BOM) (12) 6
Writ Petition No. 1743 of 1993
Mr. N. K. Kakade for Petitioners; Mrs. A. N. Ansari for Respondent Nos.1a, 1b, 2a, 3a & 5
Dattatraya s/o Chintaman Patankar (deceased) through his L.Rs. Partibha Dattatraya Patankar, Sanjivan Dattatraya Patankar, Jayant Dattatraya Patankar, Pravin Dattatraya Patankar
Maruti s/o Honaji Haran (deceased) through L.Rs. Vithal s/o Maruti Haran, Govindrao Maruti Haran; Narayan s/o Honaji Haran (deceased) through L.Rs. Subhash s/o Narayan Haran; Babanrao Honaji Haran (deceased) through L.Rs. Bapurao Babanrao Haran (deceased) through L.Rs. Smt. Nilawati w/o Bapurao Haran, Smt. Surekhabai w/o Bapurao Haran; Achutrao Honaji Haran (deceased) through L.Rs. Keshav Achutrao Haran (deceased) through L.Rs. Shahaji s/o Keshav Haran, Shivaji s/o Keshav Haran; Sadashiv Honaji Haran (deceased) through L.Rs. Sudhakar s/o Sadashiv Haran, Kishan s/o Sadashiv Haran, Suresh s/o Sadashiv Haran, Prasad s/o Sadashiv Haran; The Member, Maharashtra Revenue Tribunal, Aurangabad
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Nature of Litigation
Writ petition challenging the order of the Maharashtra Revenue Tribunal confirming the purchase of agricultural land by tenants under the Bombay Tenancy and Agricultural Lands Act, 1948.
Remedy Sought
The petitioners (landlords) sought to quash the Tribunal's order dated 23rd April 1992 and to restore the original tenancy status.
Filing Reason
The landlords were aggrieved by the Tribunal's order allowing the tenants to purchase the land under Section 32G of the Act.
Previous Decisions
The Tenancy Court had dismissed the landlords' application; the appeal to the Maharashtra Revenue Tribunal was also dismissed.
Issues
Whether the Maharashtra Revenue Tribunal erred in confirming the purchase of land by the tenants under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948.
Submissions/Arguments
The petitioners argued that the Tribunal's order was erroneous and not based on evidence.
The respondents supported the Tribunal's order, stating it was correct and based on facts.
Ratio Decidendi
The Tribunal's order confirming the tenant's purchase of land under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 was based on evidence and did not suffer from any error of law or jurisdiction. The High Court declined to interfere in writ jurisdiction.
Judgment Excerpts
Being aggrieved by the judgment and order dated 23rd April, 1992 passed by the Maharashtra Revenue Tribunal, Aurangabad in Case No.86/B/91/Parbhani, the Respondent (original Applicant / Plaintiff) has approached this Court.
Procedural History
The original applicants (landlords) filed an application before the Tenancy Court, which was dismissed. They appealed to the Maharashtra Revenue Tribunal, which dismissed the appeal on 23rd April 1992. The landlords then filed the present writ petition in the High Court.
Acts & Sections
- Bombay Tenancy and Agricultural Lands Act, 1948: Section 32G
