AIR 1969 BOMBAY 363 ::1969 Mah LJ 640 ::71 Bom LR 364

Bombay High Court

Hon'ble Judge(s): V. S. Deshpande , J

Bombay Tenancy Act (29 of 1939) , S.33B(5)(a), S.31, S.29— Tenancy Laws - Prohibition u/S.33-B(5)(a), comes into play only when landlord executes order u/S.31 and not when he merely obtains the order in his favour. Before a landlord's right to terminate the tenancy is said to have been barred under Section 33-B (5) (a) what is necessary is that the landlord should have resumed a part of the land on the ground of its being required for his personal cultivation under Section 31 of the Act and left the other part with the tenant. The words "land is left over from a tenancy" in Cl. (a) of sub-section (5) of Section 33-B have obviously reference to the condition laid down in Section 31-B of the Tenancy Act. Therefore, the prohibition in regard to termination of the tenancy is restricted to such land or portion of the land which is left over with the tenant after execution of the order in favour of the landlord under Section 31 of the Act. Where, however, the landlord merely succeeds in getting an order under Section 31 and does not proceed to execute the same for some reason or the other, he cannot be said to have resumed any land and also cannot be said to have left over any land with the tenant from a tenancy in respect of which the landlord had instituted proceedings under Section 31 read with Section 29 of the Act. Thus not mere an order under Section 31 but ....