AIR 1972 GUJARAT 184

Gujarat High Court

Hon'ble Judge(s): Thakkar , J

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.32— Actual physical possession of the land on the tillers' day (April 1, 1957) is not a condition precedent for becoming a deemed purchaser. Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.32G— All that is required for the tenant to establish is that the relationship of landlord and tenant subsists and that he satisfies the requirements of Sections 32(1)(a) and 32(1)(b). Section 32(1) itself does not make possession on the tillers' day a sine qua non for becoming a deemed purchaser. If is true that the expression "tenant" defined in Section 2(18) is to mean "a person who holds land on lease". But the expression "holds land on lease" does not carry with it the in-built concept of possession. Any surrender which is in contravention of the provisions of the Act does not bring about a termination of tenancy. Therefore, the relationship of landlord and tenant continues to subsist notwithstanding the fact that the possession was taken over by the landlord in contravention of S.15 and S.29(4) of the Act. Moreover, the landlord cannot claim immunity from the effect of S.32(1) and S.32-G by virtue of his own illegal conduct. Further, if two days before the material day the landlord dispossesses the tenant, it cannot defeat the tenant's rig....