SHRI. PRABHU BHAUSAHEB BHAME DECD THROUGH LEGAL HEIRS AND ORSversusSHRI. BALAYAYYA SHANKAR SWAMI DECD THROUGH LEGAL HEIRS AND ORS

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                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.7864 OF 2019

                      Prabhu Bhausaheb Bhame (Deceased)
SHABNOOR
AYUB                  Through Legal Heirs and Ors.              … Petitioners
PATHAN                           V/s.
Digitally signed by
SHABNOOR AYUB         Balayayya Shankar Swami (Deceased)
PATHAN
Date: 2026.08.24
18:21:09 +0530
                      Through Legal Heirs and Ors.              … Respondents

                      Mr. Sanjiv Sawant a/w Ruchita G. Kadam i/b Abhishek
                      Deshmukh,for the Petitioners.
                      Ms. Pratibha Shelake i/b Pandit Kasar, for the
                      Respondents.


                                                CORAM     : AMIT BORKAR, J.

                                                DATED     : AUGUST 24, 2026
                      P.C.:

                      1.      By this Petition, the Petitioners have challenged the
                      impugned order dated 22 June 2018 passed by the Maharashtra
                      Revenue Tribunal, Pune, in the Review Application, the order
                      dated 6 February 2001 passed by the Maharashtra Revenue
                      Tribunal, Pune, in the Revision Application, and the order passed
                      by the Sub-Divisional Officer, Baramati, in Tenancy Appeal No. 55
                      of 1981.

                      2.      The facts and circumstances giving rise to the present
                      Petition are as under: In the year 1977, the A.L.T., Purandar,
                      initiated suo motu proceedings under Section 32-G of the Bombay
                      Tenancy and Agricultural Lands Act, 1948 (for short, "the B.T. &
                      A.L. Act"), in respect of Gat No. 496, admeasuring 4 Hectares 60


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Ares, situated at Mavadi, K.P. On 25 May 1981, the proceedings
under Section 32-G were held. The Tillers' Day had earlier been
postponed under Order No. Mowadi K.P. 212 dated 22 April 1960
passed by the then A.L.T., as the landlady was a widow on the
Tillers' Day. The Additional Tahsildar and A.L.T. was pleased to fix
the purchase price of the subject land at Rs. 2,091.47.

3.    On 29 July 1989, the Respondents preferred Tenancy Appeal
No. 55 of 1981 before the Sub-Divisional Officer, Baramati,
challenging the order passed by the Tahsildar and A.L.T., Purandar.
After hearing both sides, the learned Sub-Divisional Officer was
pleased to allow the Tenancy Appeal and set aside the order passed
by the Tahsildar and A.L.T., Purandar. The matter was remanded to
the Tahsildar and A.L.T., Purandar, for further enquiry and
necessary action in accordance with law.

4.    On 6 February 2001, challenging the order dated 29 July
1989, the Petitioners herein preferred a Revision Application
before the Maharashtra Revenue Tribunal, Pune. The Maharashtra
Revenue Tribunal, Pune, by its order dated 6 February 2001,
dismissed the said Revision Application. Thereafter, the Petitioners
preferred a Review Application seeking review of the order dated 6
February 2001. By a common order passed below the Pursis, the
Maharashtra Revenue Tribunal recorded that the Petition stood
withdrawn unconditionally and accordingly disposed of the same.
The learned Tribunal further directed the trial Tribunal, namely,
the A.L.T., Purandar, to take note of the remand directions. Hence,
the present Petition.




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5.    Mr. Sawant, learned Advocate appearing for the Petitioners,
submitted that the Sub-Divisional Officer and thereafter the
Maharashtra Revenue Tribunal, relying upon the legal position
existing prior to the judgment of the Supreme Court in Vasant
Ganpat Padave by Lrs. v. Anant Mahadev Sawant (Dead) through
Lrs., (2019) 19 SCC 577, recorded a finding that it was the duty of
the tenant to give intimation to the landlord about his willingness
to purchase the land, as contemplated under Section 32F(1A) of
the B.T. & A.L. Act. He submitted that, in view of the subsequent
judgment of the Supreme Court in Vasant Ganpat Padave (supra),
the said finding can no longer be sustained. He placed reliance
particularly upon paragraph 55 of the said judgment. He submitted
that the tenant had expressed his willingness to purchase the land
before the A.L.T. in the year 1960, in the presence of the landlady,
and therefore there was sufficient compliance with the provisions
of Section 32F(1A) of the B.T. & A.L. Act.

6.    Mr. Kasar, learned Advocate appearing for the Respondents,
sought an adjournment. However, considering the orders passed by
this Court earlier, particularly the order dated 17 August 2026, and
the fact that an adjournment had already been granted to the
Respondents, the request for adjournment is rejected.

7.    Paragraph 55 of the judgment of the Supreme Court in
Vasant Ganpat Padave (supra) reads as under:

     “55. The questions referred to us are now answered as
     follows:
     55.1. The object of the Amendment Act of 1969 is relevant
     and applicable in deciding the scope of the right to purchase



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     by a tenant of a landlord who was a widow or suffering from
     mental or physical disability on Tillers' Day.
     55.2. The successor-in-interest of a widow is obliged to send
     an intimation to the tenant of cessation of interest of the
     widow to enable the tenant to exercise his right of purchase.
     55.3. The decision in Appa Narsappa³ stands overruled. The
     decision in Sudam Ganpar stands distinguished as stated in
     para 47 of the judgment. The decision in Tukaram Marutis,
     to the extent that it follows the law laid down in Appa
     Narsappa³, stands overruled.”

8.    In view of the aforesaid position, the findings recorded by
the Sub-Divisional Officer and the Maharashtra Revenue Tribunal,
requiring the tenant to intimate the landlord about his willingness
to purchase the land, would no longer be sustained, particularly
when the landlord, in his cross-examination, has specifically
admitted that after the death of the widow, no such intimation was
given. Paragraph 55.2 of the judgment in Vasant Ganpat Padave
(supra) holds that even the successor-in-interest of a widow is
obliged to send an intimation to the tenant regarding cessation of
the interest of the widow, so as to enable the tenant to exercise his
right of purchase.

9.    In view of the aforesaid, the finding recorded by the learned
Sub-Divisional Officer is unsustainable. Hence, the impugned
judgment and order passed by the Maharashtra Revenue Tribunal
in Revision Application No. 6 of 1995, confirming the judgment
and order passed in Tenancy Appeal No. 55 of 1981, are quashed
and set aside. The proceedings are remanded to the learned Sub-
Divisional Officer, who shall decide Tenancy Appeal No. 55 of 1981



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on its own merits and in accordance with law.

10.   The parties shall appear before the learned Sub-Divisional
Officer on 7 September 2026.

11.   The learned Sub-Divisional Officer shall decide the matter
within a period of three months from the date of appearance of the
parties.

12.   Pending interlocutory application(s), if any, stand disposed
of.

13.   The Writ Petition stands disposed of in the above terms.

14.   No order as to costs.

                                            (AMIT BORKAR, J.)




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