AIR 1981 BOMBAY 68 ::(1981) 83 Bom LR 23 ::(1980) Mah LJ 384

Bombay High Court

Hon'ble Judge(s): Sharad Manohar , J

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.31, S.32(1)(a)— Statutory ownership of tenant under S.32(1)(a) - Landlord's application made before tillers' day under S.31 for possession of ½ portion of land let out to tenant allowed - Remaining ½portion continuing in tenant's possession even on tillers' day - Though Act does not specifically provide for such tenant he must be held to have become statutory owner under S.32(1)(a) in respect of land in his possession. Every person who has been the tenant of any land on tillers' day is either entitled to be in possession in the capacity of an owner or he loses all his rights to continue to be in possession at all. There are a few exceptions to this rule such as those contained under S.43(a) etc. But, they fall in a class by themselves. Subject to these provisions, it can be said without hesitation that if a tenant in possession of the land on 1-4-1957 is not entitled to purchase the land or rather he is not entitled to become the statutory owner of the land either on the tillers' day or on the postponed date, he loses the very right of cultivating the land as tenant. This is a category of tenants in respect of which there is a very glaring lacuna left in the statute. But, although there is no provision as such, there does exist a clear intention on the part of the Legislature to make such a tenant a ....