Summary
The tenant acquired deemed-purchaser status when the formerly minor landlord’s application for possession was finally rejected. He did not have to exercise a fresh purchase right by giving notice under Section 32F(1A). The authorities wrongly discounted the earlier proceedings on the basis of a discrepancy in dates despite documentary evidence, including certified copies produced in review. The High Court decisions were set aside and the Collector’s order in the tenant’s favour restored.
Issues
- Whether a tenant became a deemed purchaser upon rejection of the landlord’s possession proceedings or had to give notice under Section 32F(1A).
Provisions considered
- Sections 29, 31(3) and 32(1), first proviso, Bombay Tenancy and Agricultural Lands Act, 1948Rejection of the landlord’s possession proceedings conferred deemed purchase on the postponed date. (¶¶ 16–19, 27–33, 52–55, 64–65)
- Section 32F(1) and (1A), Bombay Tenancy and Agricultural Lands Act, 1948The notice requirement for exercising a purchase right did not apply once deemed-purchaser status had already arisen through rejection of the possession application. (¶¶ 23, 37–42, 52–54, 65)
- Section 32G, Bombay Tenancy and Agricultural Lands Act, 1948Provides the price-determination procedure, including for purchases on a postponed date; it does not require a tenant already deemed to have purchased to acquire that status anew under Section 32F. (¶¶ 24, 35–36, 53–54)
Held
- Deemed purchase following rejection of the landlord’s application under the first proviso to Section 32(1), read with Section 29, and exercise of the separate purchase right under Section 32F address mutually exclusive situations. A tenant already vested with deemed-purchaser status need not give the latter provision’s notice to acquire the same status again. (¶ 52–54)
- The documentary record showed possession litigation by the landlord through the original, appellate and revisional stages. The authorities and High Court should not have rejected its existence on a discrepancy concerning the appeal and order dates. Certified copies had also been produced with the High Court review petition. (¶¶ 43–48, 55, 64)
- The tenant acquired deemed status upon rejection of the landlord’s application and was not obliged to send an intimation under Section 32F(1A). The Collector’s favourable order was restored. (¶ 65)
Result
Appeals allowed; High Court decisions set aside and Collector’s order restored. No order as to costs.