AIR 1983 SUPREME COURT 643 ::1983 UJ (SC) 473 ::1983 (3) SCC 437 ::(1983) Guj LH 900 ::(1983) Mah LJ 711 ::(1983) 2 SCWR 283 ::1983 2 SCWR 283

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): D. A. Desai, Ranganath Misra , JJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.32F, S.32G, S.14, S.29— Deemed purchase of land by tenant on tillers' day - Landlord bequeathing suit land on minor - Landlord himself not under any disability dying subsequent to tillers' day - Sale is not postponed - Subsequent proceedings are void. The respondent was a tenant of the disputed lands on 1-4-1957 i. e. the tillers' day. The landlord died on 12-8-1959 but before his death he executed a will and bequeathed the suit land to G. On the basis of the will G. got his name mutated in revenue records on which day he was a minor. The sale was postponed on ground that the recorded landlord was a minor : Held, that the original landlord was the recorded owner of the land and he was under no disability as envisaged by S. 32F on 1-4-1957 and therefore, the sale had become effective and could not be postponed. Hence, all subsequent proceedings relating thereto were null and void.(Para 8 9) On the tillers' day, the landlord's interest in the land gets extinguished and simultaneously by a statutory sale without anything more by the parties. the extinguished title of the landlord is kindled or created in the tenant. That very moment landlord-tenant relationship as understood in common law or Transfer of Property Act comes to an end. The ....