The Special Bench of the Maharashtra Revenue Tribunal by a companymon judgment allowed five revision petitions preferred by the tenants and set aside the order of the Collector and restored the order made by the ALT holding that even though the landlord in these cases was a limited owner the instrument settling the property on the landlord did number prohibit the landlord from leasing the land and lease was accordingly valid and therefore under section 4, the tenant would be a deemed tenant within the meaning of the Tenancy Act and such deemed tenant would become the owner of the land held by him on the tillers day.
From the judgment and order dated 7th December, 1966 of the Bombay High Court in Special Civil Appeal Nos.
4 to 8 of 1965 L. Sanghi and A.G. Ratnaparkhi for the Appellant.
285 89 of 1969.
The High Court negatived the companytention that the children of the landlord had a vested interest in the land involved in the dispute during the life time of the landlord and The children being minors, the date of purchase would be postponed under section 32 F. The High Court accordingly rejected the special civil applications but remanded the case to the Collector to give an opportunity to the landlord to agitate the companytention about the quantum of price which Contention was number dealt with by the Collector on merits.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
The title of the landlord to the land passes immediately to the tenant on the tillers day and there is a companypleted purchase or sale thereof as between the landlord and the tenant.
The tenant in each case preferred a revision petition under section 76 of the Tenancy Act before the Maharashtra Revenue Tribunal.
The Collector allowed all the five appeals and dismissed the five applications preferred by the tenant in each case.
It was also held that the ALT was under a statutory obligation to determine the price under section 32 G. The ALT accordingly proceeded to determine the price in each case.
Five separate appeals were preferred by the appellant landlord in each case to the Collector of Jalgaon.
The Judgment of the Court was delivered by DESAI, J. In the wake of agrarian reforms initiated by the Bombay Tenancy and Agricultural Lands Act, 1948 Tenancy Act for short an amendment of far reaching and revolutionary character was introduced in 1956 so as to eliminate every intermediary between the tiller of the soil and the state.
C. Bhandare, Mrs. Sunanda Bhandare, T. Sridharan and Miss C.K Sucharita, for the Respondents.
