SAKHARAM SHRIPATI JADHAV, DECEASED THROUGH HIS LEGAL REPRESENTATIVES AND OTHERSversusCHANDRAKANT ALIAS MADHAV LAXMAN AGNIHOTRI AND OTHERS

 SAKHARAM SHRIPATI JADHAV, DECEASED THROUGH
                                                                           A
    HIS LEGAL REPRESENTATIVES AND OTHERS
                      v.
 CHANDRAKANT ALIAS MAD HAV LAXMAN AGNIHOTRI
                 AND OTHERS

                         JANUARY 8, 1987                                   B

      [SABYASACHI MUKHARJI AND K.N. SINGH, JJ.]

      Bombay Tenancy & Agricultural Lands Act, 1948, S.43A-
Composite purpose lease and single purpose /ease-Distinction
between-Lease for composite purpose-Area where only sugarcane
cultivated-Exempted-Area where along with sugarcane other crops C
cultivated-Not exempted.

       The Bombay Tenancy Agricultural Lands Act, 1948, by s.32(1)
provides that every tenant should, subject to the other provisions con-
tained in the Act, be deemed to have purchased from the landlord, free D
of all encumbrances .the land held by him as tenant, if such tenant was a
permanent tenant and cultivated the land personally; or such tenant
was not a permanent tenant but cultivated the land leased personally;
and the landlord has not given notice of termination of his tenancy
under section 31 ; or notice had been given under section 31, but the
landlord had not applied to the Mamlatdar on or before 31st day of E
March, 1956 under section 29 for obtaining possession of the land; or
for certain other contingencies mentioned in section 32 of the Act. Sec-
tion 43A provides that the aforesaid provisions for the benefit of tillers
or tenants would not apply to land granted to any bodies or persons for
the cultivation of sugarcane or the growing of fruits or flowers or for the
breeding oflivestock.                                                       F

      The appellant-tenant had taken the snit land on lease from
the respondent. The lease deed was alleged to have been executed for
the purpose of cultivation of chillies, tobacco, sugarcane and ground-
nuts etc. Suo moto proceedings for fixing the price under s.32(g) were
taken on the assumption that the appellant-tenant had become statutory     G
purchaser by virtue of s.32 of the Act. While the proceedings were
pending, the respondents made an application under the Act for de-
termination of reasonable rent on the basis that the lands were leased
for growing sugarcane.

     The trial court rejected the application holding that the lands had   H

                                  913
    914                    SUPREME COURT REPORTS             [1987] 1 S.C.R.
                                                                                  )
A   been leased not for growing sugarcane alone, but for different types of
    crops. However, the Special Land Acquisition Officer held that the
    purpose of the lease was one for cultivating sugarcane and, as such, the
    lands were governed by the provisions of s.43A of the Act and directed
    the determination of the rent accordingly. The Maharashtra Revenue
    Tribunal as well as the High Court confirmed the aforesaid order. The
B   High Court held that though initially there was some mention of other
    crops, the Kabulayat (Lease Deed) in terms intended that th.e land
    would be used for cultivation of sugarcane, and when sugarcane was not
    being cultivated, the other crops could be cultivated till the land was
    again available for sugarcane cultivation, and if that be not the inten-
    tion, the entire document could not be correctly and reasonably recon-
    ciled and that the predominate purpose being sugarcane cultivation, the
c   tenant was not entitled to the right asserted by him.

          In appeal to the Supreme Court, it was contended on behalf of the
    appellant-tenant: (i) that the whole of the land is not for the cultivation
    of sugarcane; (ii) that in an area of I l acres, only· l acre was subjected
D   to the cultivation of sugarcane, and that the Kabulayat or the lease
    clearly indicated that there were other purposes; and (iii) that the land
    could not be exempted because the lease was not for the cultivation of
    the sugarcane alone.

          Disposing of the appeal, this Court,
E
           HELD: l. I The Bombay Tenancy Agricultural Lands Act, I 948
    was enacted with a high purpollol' of transferring the land tilled to the
    tillers of the soil with the exception of the lands which were leased out
    for growing sugarcane because of the need for protection of the industry
    of sugarcane and development of the economy. [924G-H]
F
          l.2 Having regard to the preamble to the Act and the primary
    purpose of the Act, it would be necessary to remand the matter back to
    the High Court for further remand to the appropriate officer to de-
    tennine whether there was any area which was leased exclusively for
    sugarcane crop. If it is held on such enqniry that the entire area was for
G   sugarcane crop, then the order of the Tribunal cannot be interfered
    with. If, on the other hand, there are areas which were leased out
    separately and independently of the leasing out for sugarcane and de-
    marcated separately, then in respect of the same no exemption can be
    given in derogation of tite·rights of the Agricultural tenants in those
    leased areas and the appellant would be entitled to succeed. [924D-F]
H
                    S.S. JADHAV v. C.A. MADHAV [MUKHARJI, J.]                 915

            2.1 In a lease for composite purposes, if there was any area where
                                                                                     A
      sugarcane WaS only cultivated, that area would he exempt from the
      ambit of the provisions of the Act and would he exempted. If, however,
      along with cultivation of sugarcane, other crops were cultivated in the
      area, such an area would not he entitled to exemption. [924F-G]
             2.2 It is not necessary that the purpose of the lease must he speci-
      fically mentiond either in the instrument of the lease or that the lease B
      must be for cnltivation of sugarcane etc. in the entire field. It ,;ould be
      for the courts to reach a conclusion on the evidence whether the lease
      was for cultivation of any particular crop or not. Nothing would turu ·
f     on whether the agreement was to grow that crop in the entire field or
      not. [922G-H; 923A-B]
            In .the instant case, the area which is in dispute comprised of areas    c
      leased for raising sugarcane crop as also for other crops. The area was
      covered by lease for multiple purposes. Some areas were leased out for
      sugarcane where along with sugarcane other crops were grown. These 1
      however, should he incluoed as areas leased for sugarcane as ancillary
      crops or for helter utilisation of the land in question. T!ie leases covered   D
      areas other than the areas contemplated hy sugarcane which cimld he
      demarcated in terms of the Kahulayat. [924B-D]           ·'

~·          CIVIL APPELLATE JURISDICTION: Civil Appeal No. 20
      of 1987
                              .-                                                     E
           From the Judgment and Order dated 9.11. 1983 of the Bombay
      High Court in W.P. No. 271of1979.

            S.S. Javali and P.R·. Ramashesh for the Appellants.

            A.M. Khanwilkar and Mrs. V.D. Khanna for the Respondents.                F

           The Judgment of the Court was delivered by

          SABYASACHI MUKHARJI, J. Special leave granted. Heard
     counsel for.the parties on the appeal.
                                                                                     G
          · This appeal by special leave arises out of the judgment of the
     . High Court of Bombay dated 9th November, 1983. It raises a short and
      an interesting point. Shripati Balla Jadhav, father of the appellants
      had executed a lease deed with regard to ~he suit land in favour of the
      landlord and taken the said land on lease. The said lease was for the
      purpose of cultivation of chillies, tobacco, sugarcane, groundnuts etc.        H
     916                    SUPREME COURT REPORTS            [19871 1 S.C.R.

    That is the version of the petitioners/appellants.
A
        The question is, whether the lease was taken for the aforesaid
  purposes or was only for the cultivation of sugarcane alone. In decid-
  ing that question the terms of the lease will have to be borne in mind.
  Suo moto proceedings for fixing the price under section 32(G) of the
B Bombay Tenancy Agricultural Lands Act, 1948-bcing Act No.
  LXVII~f 1948 (hereinafter called the 'Act') was taken on the assump-
  tion that the tenant had become statutory purchaser by virtue of sec-
  tion 32 of the said Act. The proceedings were dropped as some of the
  respondents were then minors. An order as made by Deputy Collector
  in appeal from the order of the trial court in proceedings under section
  32(G) of the said Act remanding the case to the trial Court on 3 lst
c March. 1973. Thereafter.on 17th July, 1975, the Maharashtra Revenue
  Tribunal confirmed the order of remand made by Dy. Collector. in
  revision filed by the respondents herein. The High Court !_hereafter
  rejected the writ" petition of the landlord against the order of the
  Tribunal· and as such the proceedings under section 32(G), according
D to the appellants herein. are still pending.

         On 15th June, 197-l, the respondents made an application under
   the Act for determination of reasonable rent on lhe basis that the lands
  were leased for growing sugarcane. The trial court on l lth February,          ~
   1975 rejected the application in respect of the tenancy of Aval Kan-
E koon on the ground that the lands had been leased not for growing
  sugarcane alone, but for different t\ ;oes of crops. On or about 3 lst
  May, 1977, the Special Land Acyuisition 'Officer, Kolahpur in
  Tenancy Appeal No. 3l'? of 1975 allowed the tenancy of Aval Kan-
  koon and directed the determination of the rent on the basis that the          1
  lands were leased for growing sugarcane. The said order was con-
F finned on 30th November, 1978 by the Maharashtra F.evenue                      ~
  Tribunal, Kolahpur, in appeal filed by the appellants. There     wasa writ     I
  petition thereafter cm 9th November, 1983 by the appellants under
  article 227 of the Constitution and the High Court of,J3ombay rejected
  the said writ application. The petitioners have come up in special leave
  to this Court.
G
         It may be mentioned before we deal with the judgment under
  appeal that the said Act was an Act to amend the law relating to
  tenancy of the agricultural land and to make certain other provisions
  with regard to those lands. ·It may be mentioned that the purpose was
  to make the tillers owners of the land and in respect of mortgages of
H certain lands giving the tenant the right of re'purchase of ·the land. It is
                 S.S. JADHAV v. C.A. MADHAV [MUKHARJI, J.l            917

    a social agrarian reform measure to emeliorate the conditions of the
    tenants. See in this connection the statement of Objects and Reasons    A
    of the said Act.

           In the Preamble it is stated that it was necessary to amend the
     law which governed the relations of landlords and tenants of agri-
     cultural lands; and further whereas on account of the neglect of a B
     landholder or disputes between landlord and tenants, the cultivation
    of an estate has seriously suffered, or for the purpose of improving the
    economic and social conditions of peasants or ensuring the full and
y   efficient use of land for agriculture, it was expedient to assume
    management of estates held by landholders and to regulate and impose
    restrictions on the transfer of agricultural lands, dwelling houses, sites
    and lands appurtenant thereto or occupied by agriculturists, agricul-   c
    tural labourers and artisans in the Province of Bombay and to make
    provisions for certain other purposes therein the said Act was being
    passed. The Act was intended to benefit tenants in respect of the said
    evils. But Chapter IIIA which was inserted by Bombay Act l3 of 1956
    provided special provisions for land held on lease by industrial or D
    commercial undertakings and by certain persons for the cultivation of
    sugarcane and other notified agricultural produce. Under the scheme
    of the Act under sections 4B, 8, 9, 9A, 9B, 9C, IO, !OA, 14, 16, 17A,
}   17B, 18, 27, 31to310 (both inclusive), 32 to 32R (both inclusive), 33A,
    33B, 33C, 43, 63, 63A, 64 and 65 dealt with the various kinds of rights
    of the tenants in land, including the right of repurchase as contemp- E
    lated in sections 32 to 32R. Section 32(1) provided that on first day of
    April, 1957 which was called "the tillers' day" in the Act every tenant
    should subject to the other provisions of the Act and the succeeding
    sections be deemed to have purchased from the landlord, free of all
    encumbrances subsisting thereon on the said day, the land held by him
    as tenant, if such tenant was a permanent tenant thereof and cultivated F
    land personally; or such tenant was not a permanent tenant but culti-
    vated the land leased personally; and the landlord had not given notice
    of termination of his tenancy under section 31; or notice had been
    given under section 31, but the landlord had not applied to the
    Mamlatdar on or before 31st day of March, 1957 under section 29 for
    obtaining possession of· the land; or for certain other contingenCies G
    mentioned in clause (ii) anp other clauses of section 32 of the Act. •

          Section 43A which is in Chapter III-A, provides, inter alia, by
    clause (b) of Section 43A(l) that leases of land granted to any bodies
    or persons other than .those mentioned in clause (a) for the cultivation
    of sugarcane or the growing of fruits or flowers or for the breeding of H
    918                   SUPREME COURT REPORTS           [1987] 1 S.C.R.

    livestock, that the aforesaid provisions for the benefit 'of tillers or
A   tenants would not apply to those.

        In this appeal we are concerned with a very short question
  namely, whether the lease of land granted in this case is covered by
  clause (b) for the lease for the cultivation of sugarcane or the growing
B of fruits or flowers or for the breeding of livestock. Cluase (a) of
  ~ub-se~tion ( 1) of section 43A deals with land leased to or held by any
  mdustnal or commercial undertaking which in the opinion of the State
  Government bona fide carries on by any industrial or commercial
  operations and which is approved by the State Government.

C       By the order of the Maharashtra Revenue Tribunal, the tenant
  had been denied that right as against the landlord. The Revision Peti-
  tion was filed by the respondents-tenants in proceedings under section
  43B of the said Act to question the order made by the Member,
  Maharashtra Revenue Tribunal, Kolahpur, refusing to interfere with
  the order made by the Special Land Acquisition Officer (II) Tutsi
D Project, Kolhapur, holding that the purpose of the lease as far as suit
  lands were concerned was one for cultivating sugarcane and as such the
  lands were governed by the provisions of section 43A of the Act. The
  question is, is that finding correct?

          Both the courts had interpreted the original Kabulayat, herein
E dated 24th Februrary, 1947 to come to the conclusion that this land
   was leased for Jaising sugarcane. Our attention was also drawn to the
   official translation of the said documents which will be presently
   noted. It may be mentioned that initially proceedings under section
   88C of the Act were filed on the basis that the lands were Jiravat lands
   but the said proceedings were withdrawn, and further that proceedings
F under section 32( G) of the Act were also initiated in 1972, which were
   still pending. In those proceedings too, the character of the lands was
   stated to be Jiravat lands. According to the learned counsel, this
  .characterisation of the lands as Jiravat lands was contrary to the
   findings recorded by the revenue authorities and there was an error
   apparent on the face of the record, and so was contended before the
G High Court. Secondly, the learned counsel had submitted before the·
   High Court that on correct reading of the Kabulayat there was an ex-
   press mention that apart from sugarcane no other crops could be
   cultivated and if that was so, the revenue Courts were in error in
   holding otherwise. The High Court noted that the proceedings before
   it were not proceedings in appeal. The High Court rightly rejected the
H application under article 227 of the Constitution on the view that if a
              S.S. JADHAV v. C.A. MADHAV (MUKHARJI, J.]             919

 reasonable view of the evidence was taken by the authorities compe-
                                                                   '
 tent to decide the controversy, no interference was called for. Further-  A
 more that was a fact which had to be determined on the basis of the
 evidence. However, it was contended before the High Court with re-
 ference to the Kabulayat that it could be seen that this Kabulayat of
 1947 conferred a right of cultivation for five years. The Kabulayat
 specifically mentioned that possession of the lands as well as the well B
 was given under the document. It provided that tlie executant could
 take the crop in due consultation with the landholders and there the
mention or the crops indicated all sorts of crops, like· Jawar, Tur,
Bhuimug, Mirchi, Kapus, Oos, Tambakhoo etc. It further recited that
1/i of the crop would be retained by he owners and the other 1h would
be retained by the tillers. After these primary recitals, reference was
made primarily to the sugarcane-crop. With regard to that aspect, it      c
was undertaken by the executant that everyday till jaggery was pre-
pared, 20 sugarcanes and one pot of sugarcane juice would have to be
reached to the owners. Similarly, it was provided how the fruits of the
mango trees would be shared. It was further provided with regard to
the manure as well as the seeds for raising sugarcane the parties were D
to share 1h and 1h expenditure. Similarly with regard to the mainte-
nance of the irrigational facilities and also the expenditure for the
preparation of jaggery the parties were to share 1;, and 11;. It was
further provided .that the land which was not available for sugarcane
could be subjected to cultivation of jute or chilli and no other till the
land was available for sugarcane cultivation.                             E

     It may be instructive to refer to the material portion of the deed
which states as follows:

           "These two lands I have taken from you agree.ing to pay.
           half crop share for a period of five years from shake 1869 to F
            1874 and have taken possession today alongwith well and
           trees. I will raise crops therein in consultation with'you. In
           these lands, I will raise chillies, Cotton, Sugarcane, Toba-
           cco, etc. but I will eut and harvest them with your approval.
           I will give you a half share in all the crops raised as also in
           the fodder. I will take the remaining share as a tenant. You G
           are to take the green grass growing on the western hedge in
           R.S. No. 493. I am to take the green grass from other
           hedges. In the dry fodder you are to get half the number of
           shieves."

     The next clause dealt with the price and it has also an important    H
bearing and stated as follows:
    920                   SUPREME COURT REPORTS           [1987] 1 S.C.R.

               "The price of your share of crops and fodder is fixed at
A
               Rs.1400. However I will give you the grain & fodder and
               will not ask you to take its price. Similarly 1 will pay you
               half the assessment and local fund in the month of January
               every year.

B                    Every year as long as sugar-cane crushing goes on 1
               will give you every day 20 good sugar-canes, and a pitcher
               of sugar-cane juice. The price of the sugar-cane and juice is
               fixed at Rs.15.

                   These are mango trees in the lands. if they bear fruits 1
               will protect the same and will not pluck any nor will allow
c              anyone also to do so . .Por protecting the fruits I will take
               ''4th and will give you %th .. The price of your share in the
               m~ngoes is fixed at Rs.50."


          Then in the second clause the executant states as fonows:
D
               "In the land where sugar-cane is grown I will raise either
               chillies or jute as an alternate crop. I will not grow any
               other crop in that plot."

        Thereafter the Kabu/ayat dealt with the obligation of the execut-
E ant to supply half the manure of the land and half the cost of fertilizer
  and asserted that he would supply half the seed for sugarcane and
  carry the fertilizer and seed of sugarcane of his share at his cost. Free
  service as per usual practice was also ensured. The last clause on which     c
  reliance was placed provides as follows:

F              "I will cultivate the lands on these terms for five years.
               will hand back the land in which sugarcane is raised in the
               month of Magarshirsha of shake 1873. The remaining land
               I will deliver to you between Margarshirsha and Falgun of
               shake 1876 as and when the standing crops are removed.
               Thus the lands are to remain with me till the amount of
G              Rs.3000 deposited by me is paid off."

          According to the High Court, though initially there was sortie
    mention of other crops, the Kabulayat in terms intended that the land
    would be used for cultivation of sugarcane, and when the sugarcane
    was not being cultivated, the other crops could be cultivated in those
H   pieces of lands till the land was again available for sugarcane cultiva-
                     S.S. JADHAV v. C.A. MADHAV (MUKHARJI, J.l             921

        tion. If that be not the intention, according to the High Court, the
        entire document could not be correctly and reasonably reconciled. It A
        could not be forgotton that this was a document reserving right of the
        amount of Rs.3000 and Rs.600 to be adjusted every year by giving the
        cultivated return and taking a receipt therefor. The receipt so in-
        tended to be taken only concerns itself with the siigarcane, sugarcane-
        juice and sugarcane-waste. Thus, the document taken as a whole could B
        reasonably be read as providing for the purpose as it was found by the
        revenue authorities. Furthermore, the oral evidence, according to the
        High Court, of the parties clearly went on to show that the initial
        purpose must have been the lease for growing sugarcane. The High
        Court referred to the evidence of P. W. 1 who attested the document.
        As against this evidence, there was evidence of D.W. 1 which was an
        evidence only of denial and even he was unable to say whether in the C
        document sugarcane, cotton and tobacco as crops were mentioned or
        not. He was unable to say in how many years actually the sugarcane
        had been cultivated and he submitted that by rotation the land could
        be used for cultivating sugarcane. It was further admitted, the High
        Court noted, that in cross-examination that jaggerywise taken to shops 0
        for sale.                                                 ·

   -~         The High Co.urt was ·of the view that· once the Kabulayat was
/
  'L    read in this manner, it did not appear even from the 7I12 extract that in
        some portion. sugarcane crop was cultivated. The High Court found
        that being the position of the record it was difficult to interfere with
                                                                                  E
        the finding of the lower court: In other words the· High Court was of
        the view that the predominate purpose being sugarcane cultivation,
        the tenant was rtot entitled to the right asserted by him. The High
        Court also noted that the fact that the 'lands to be char.acterised as
        Jiravat lands would not be decisive for determining the purpose of the
        lease when that could be found from a document like the Kabulayai. In. F
        the premises the High Court tefused to interfere. It is the correctness
        or otherwise of that decision which is under challenge before us.

             It was submitted before us that the whole of the land is not for
        the cultivation of sugarcane. It was· urged that in an area of 11 acres,
        only 1 acre was subjected to the cultivation of sugarcane. The G
        Kabulayat or the lease clearly indicated that there were other
        purposes.

              The question in this case is whether the lease was for sugarcane
        or also for other purposes? Was it c~mposite purpose lease or single
        purpose lease? The object of the legislation has to be borne in mind.  II
    922                    SUPREME COURT REPORTS            [1987] 1 S.C.R.

          The entirety of the lease has to be kept in view. Then and then
A
    only can the question be viewed properly.

          Our attention was drawn to a bench decision of the Bombay
    High Court in Shri Usaf Usman Majawar v. Shrimant Yeshwantrao
    Appasaheb Ghatagt. [1963] Bombay Law Reporter Vol. LXV 831.
B   There the Division Bench observed that individual leases were not
    excluded from the operation of section 43A( l)(b) of the Act. Accord-
    ing to the bench decision of the Bombay High Court, the determining
    factor in considering whether clause (b) of section 43A(l) of the Act
    was applicable or not, was the purpose of the lease. If the purpose of
    the lease was for cultivation of sugarcane or growing of fruits or flowers
    or for the breeding of livestock, then it was excluded from the opera-
c   tion of sections 32 to 32R of the Act whether the lessee is a body of
    person or persons. The High Court further reiterated that what was
    required to be established on material evidence under section 43A( 1)(b)
    of the Act was whether there was a lease; and whether the lease was
    for cultivation of sugarcane or growing of fruits or flowers. It is not
D   necessary that the purpose of the lease must be specifically mentioned
    either in the instrument of the lease or that lease inust be for cultiva-
    tion of sugarcane etc. in the entire field. It would be for the courts to
    reach a conclusion· on the evidence available to it whether the lease
    was for cultivation of any particular crop or not. Nothing would .turn
    on whether the agreement was to grow that crop in the entire field or
E   not.

           Our attention was drawn to the observations of the Court at page
    835 of the report. It was contended before the Bombay High Court
    that for attracting the provisions of section 43A of the Act, it must be ·
    proved by the landlord that the ·agreement specifically provided that
F   the .lease was for cultivation of the sugarcane or for the growing of
    fruits or flowers or for breeding of livestock, and further it must also
    be established that the agreement was to grow sugarcane in the entire
    land leased out·and not in any part thereof. The High Court was of the
    view that it was true in the language of clause (b) that it had to be
    established that the lease was granted for the cultivation of sugarcane
G   or for .growing. fruits and flowers etc., but it nowhere specifically i
    mentioned that the purpose of the lease must be specifically
    mentioned either in the instrument of the lease or that the lease must be
    for cultivation of sugarcane et7 in the entire field. (Emphasis supplied).
    On the other hand, according to the view of the Bombay High Court,
    what was required was to be established on material evidence whether
H   there was a lease and whether the lease was for cultivation of
                 S.S. JADHAV v. C.A. MADHAV lMUKHARJI, J.)               923

     sugarcane or for growing of fruits or flowers. In each case it would A
     depend on the evidence whether the lease had been for cultivation of
     sugarcane or growing of fruits or flowers and that would depend on the
     nature of the cultivation. The Bombay High Court noted that they
     were informed that the cultivation of sugarcane could never be on the
     entire field but the cultivation of sugarc;ane was always carried on by
     rotation in parts of the field. It would, therefore, depend on the facts 13
    of each case and if that be so, it is for the courts of fact to reach a
     conclusion on the evidence available to it whether the lease had been
    for cultivation of a particular crop or not. On behalf of the petitioners-
    appellants, learned counsel, Shri Javali contended that the lease con-
    tained in the Kabulayat had to be examined because it was not for
    cultivation of sugarcane only. Shri Javali for the appellants contended c
    that the land could not be exempted because the lease was not for the
    cultivation of the sugarcane alone. He drew our attention to the find-
    ings at page 13 of the Paper Book of the appellate court where apart
    from the record it appeared that the crop of sugarcane actually raised
    in the suit lands was to the extent of 1 acre or more. This was con-
                                                                                 D
    tinued since 1947 till 1972 and it w,;s clearly stated by the tenants that
    they had stopped raising sugarcane after 1972 because of scarcity of
    water. The entries in the record of Rights also substantiated the posi-
    tion that sugarcane was actually raised in the suit lands. The appellate
    court noted that there was a well in one of the suit lands having suffi-
    cient water to raise sugarcane. The statement of the tenants corro-
    borated this fact when they stated that on the day of deposition there E.
    was 5 to 6 cubic feet water in the said well. That the court below had
    actually gone for site inspection and found that Baggayat crops like
    wheat was cultivated by the tenants on the water course available from
    the well in the suit land. But it is clear that the entire land was not used
    for cultivation of sugarcane.·
                                                                                 F
           The question is if lease for multiple cultivation is permissible in
     the scheme of section -BA then only leases of the areas for cultivation
    of sugarcane or growing of fruits or flowers or for breeding of livestock
    could claim the benefit of protection from the tenants' claim. This has
     to be borne in mind. With respect, we cannot accept the ratio of the
    decision of the Bombay High Court in its entirety. We are aware that G

+   ·sugarcane could not be cultivated in the entire field for the whole year.
     It has to be kept follow and crops had to be grown in the meantime to
    increase the fertility. But what was primary and what was secondary
    and what was to be done in such a case as we found it as a fact, l\as to
    be considered.
                                                                               H
    924                    SOPREME COURT REPORTS             [1987] 1 S.C.R.

           As mentioned hereinbefore, this petition is concerned with the
A
    proceeding under section 43B of the said Act which questioned before
    the High Court the order made by the Member, Maharashtra Revenue
    Tribunal, refusing tq interfere with the order made by the Special
    Land Acquisition Officer (II) Tulsi Project, Kolhapur holding that the
    purpose of the lease so far as the suit land was concerned was one for
B   cultivating sugarcane and as such the lands were governed by the pro-
    visions of section 43A of the Act. Having regard to the facts and
    circumstances enumerated before, we are of the opinion that the area
    which is in dispute in this case comprised of areas leased for raising
    sugarcane crop as also for other crops. In view of the provisions of law
    discussed above, in so far as the High Court upheld the finding that the
    entirety of the area in question was covered by lease for sugarcane, it is
c   difficult to sustain the same. The area was covered by lease for multi-
    ple purposes. Some areas were Jcased out for sugarcane where along
    with sugarcane other crops were grown. These, however, should be
    included as areas leased for sugarcane as ancillary crops or for better
    utilisation of the land in questiO.[!. But .here the leases covered areas
D   other than t)le areas contemplated by sugarcane which could be de-
    marcated in terms of the Kabulayat which we have discussed before. In
    our opinion, having regard to !he preamble to the Act and the primary
    purpose of the Act, it would be necessary to remand the matter back to
    the High Court for remanding it back to the apprdpriate officer to
    determine whether there was any area which was leased exclusively for
    sugarcane crop. If it is held on such enquiry that the entirety of the
    area was for sugarcane crop, then the order of the Tribunal made in this
    case cannot be interfered with. If, on the other hand, there.are areas
    which were leased out separately and independently of the leasing out
    for sugarcane and demarcated separately, then in respect of the same,
    no exemption can be given in derogation of the rights of the agricul-
F   tural tenants in those leased areas and the appellant would be entitled
    to succeed. In a lease for composite purposes, if there was any area
    where sugarcane was only cultivat~d, that area would be exempt from
    the ambit of the provisions of the Act and would be exempted. If,
    however, along with cultivation of sugarcane, other crops were
    cultivated in the area, such an area would not be entitled to exemp-
G   tion. We therefore remand the case with directions that the authorities
    below should find the position in light of the aforesaid. It may be.
    observed that the Bombay Tenancy Agricultural Lands Act, 1948 was
    enacted with a high purpose of transferring the land tilled to the tillers
    of the soil with the exception of the lands which were leased out for
    growing sugarcane because of the need for protection of the industry
H   of sugarcane and development of the economy.
                     S.S. JADHAV v. C.A. MADHAV [MUKHARJI, J.)            925

A   A        This appeal is disposed of with the aforesaid directions. In that
        view of the matter, parties will pay and bear their own costs.

        M.L.A                                             Appeal disposed of.