AIR 1992 SUPREME COURT 1093 ::1992 AIR SCW 964 ::(1992) 2 MahLR 607 ::1992 (2) UJ (SC) 6 ::1992 UJ(SC) 2 6 ::1992 (2) SCC 573 ::1992 (3) Bom CR 601 ::1993 (1) RentLR 700 ::(1992) 2 SCR 101 (SC) ::1992 (2) SCR 101 ::1992 (2) SCJ 400 ::(1992) 3 JT 394 (SC) ::1992 (3) JT 394

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): S. Ranganathan, V. Ramaswami, Yogeshwar Dayal , JJJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.64(8), S.32G, S.32M, S.43(2)— Sale of land by landlord to tenant after tillers day - Void in view of S.64(8) - Sale ratified by revenue authorities subsequently under S. 32G - Sale of land by tenants before date of order of S.32G - Invalid as tenants had no valid title on date of sale. S.C.A. No.993 of 1974, D/-20-9-1978 (Bom), Reversed. Where the sale by the landlord of his land in favour of tenants was void in view of provisions of S. 64(8) declaring that any transfer by a landlord after tiller's day would be void, the tenants could not acquire right or title under that sale deed and though subsequently @page-SC1094 the proceedings under S.32G went in the tenants' favour and the sale certificate issued in their favour was regularised, ratifying the earlier transaction of sale, the sale of land by one of tenants again would be invalid when it was effected prior to date of order of revenue authorities under S. 32G as aforesaid because on that date the tenants had no title to the land in view of S. 64(8) which they could validly convey in favour of purchaser. Further, even if the subsequent conferment of title on them by the order under S.32G be treated to date back to date of sale deed still vendor being a tenant who acquired title under the Act, his sale ....