BAYAJI SAMBHU MALI @ BORATE(D) THROUGH LRS. versus NAZIR MOHAMMED BALAL ZARI THROUGH GPA HOLDER & ORS.

BAYAJI SAMBHU MALI @ BORATE(D) THROUGH LRS. versus NAZIR MOHAMMED BALAL ZARI THROUGH GPA HOLDER & ORS.

When an application by the landlord under Section 29 is rejected (final order of rejection), the tenant acquires deemed purchaser status under the proviso to Section 32(1) and, having acquired that status, is not required to comply with the intimation requirement of Section 32F(1A); Sections 29/32 and Section 32F govern mutually exclusive situations.

Parties
Appellant; Tenant: Bayaji Sambhu Mali @ Borate(d) through LRs.; Respondent; Landlord: Nazir Mohammed Balal Zari through GPA holder & Ors.
Jurisdiction
India
Judgment Date
12 February 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petition Under Article 227 and Review Order (civil Appeal Nos. 1644 1645 of 2019)
Outcome
Appeals allowed
Legal Topics
Bombay Tenancy and Agricultural Lands Act, 1948, Section 29, Section 32, Section 32 F, Section 32 G, Deemed Purchaser, Notice Under Section 32 F(1 A)
Tenancy Law Agricultural Land Law Revenue/tribunal Proceedings Bombay Tenancy and Agricultural Lands Act, 1948 Section 29 Section 32 Section 32 F Section 32 G +2 more

Case Brief

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Parties

Bayaji Sambhu Mali @ Borate(d) through LRs.

Appellant; Tenant

Nazir Mohammed Balal Zari through GPA holder & Ors.

Respondent; Landlord

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petition Under Article 227 and Review Order (civil Appeal Nos. 1644 1645 of 2019)

Legal Issues

  1. 1 Whether the tenant is a deemed purchaser under Section 29 read with Section 32 or is covered by Section 32F requiring intimation under Section 32F(1A)

Ratio Decidendi

When an application by the landlord under Section 29 is rejected (final order of rejection), the tenant acquires deemed purchaser status under the proviso to Section 32(1) and, having acquired that status, is not required to comply with the intimation requirement of Section 32F(1A); Sections 29/32 and Section 32F govern mutually exclusive situations.

Court Disposition

Appeals allowed

Orders

  • Impugned High Court judgment and review order set aside
  • Order passed by the Collector (Maharashtra Revenue Tribunal order in revision confirming Original Authority/Collector order in favour of tenant deemed purchaser) restored