Hasha Dalvi Vs. D.Patwardhan  INSC 497 (14 October 1998)
appeal is filed by the tenant against the judgment and or der dated 3.8.1990
passed by the High Court of Bombaly in Writ Petition No. 95 of 1980.
Agricultural Lands Tribunal, The deputy District Collector in appeal and the
Revenue Tribunal in revision have held that the tenant had made a statement on
13.1.1965 stating that he was not willing to purchase the land and, therefore,
the purchase under Section 32 of the Bombay Tenancy and Agricultural Lands Act
had become ineffective.
the purchase was declared ineffective, the tenant made an application declaring
that he wants to purchase the land.
application was dismissed by the Agricultural Lands Tribunal as not
maintainable. Another application was moved by the tenant on 12.1.1967. That
was also dismissed on 13.3.1967 for the same reason. Again an application was
made by the tenant on 15.2.1968 stating therein that the statement dated
13.1.1965 was not voluntarily made by him and in any case it was not conclusive
as it was not made on oath. He also alleged that no notice regarding statutory
purchase of the land was received by him. This application was rejected by the
Agricultural Lands Tribunal on the ground that at that stage evidence could be
led only with respect to the proceeding under Section 32-P of the Act and no
evidence could be led to question the order passed in the 32-G proceedings. The
Tribunal than held that the statutory sale in favour of the tenant having
become ineffective the landlord was entitled to be put in possession of the
decision of the Tribunal was upheld in appeal and also in the revision
the authorities have, after appreciating the material on record, come to the
conclusion that the sale had become ineffective and the landlord was entitled
to possession of the land under Section 32-P of the Act, the High Court was
right in dismissing the writ petition. This appeal is, therefore, dismissed.