Tenant purchase right under Section 50 is not postponed by widowed landlords; one-year purchase scheme stands independently.

Section 50 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act creates an independent purchase scheme requiring the tenant to purchase within one year from commencement or restoration of the tenancy. The cross-reference to Sections 41 to 44 applies only to the extent of land and incidental procedure, not to the postponement rule in Section 41(2), which is confined to Section 41 and the special disabilities of landlords. Because the legislature made express postponement or exception provisions elsewhere but not in Section 50, widowed landlords do not postpone the tenant's purchase right under that section.

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Issues: Whether the postponement of the tenant's right to purchase under Section 41(2) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 applies to a purchase under Section 50 of the Act where the landlords are widows.

Analysis: Section 50 creates a distinct scheme for tenancies restored or created after the specified date and requires the tenant to purchase the land within one year from the commencement or restoration of the tenancy. The reference to Sections 41 to 44 is only to regulate the extent of land and the incidental procedure for purchase, by applying those provisions mutatis mutandis. Section 41(2) is a postponement provision tied to the special disabilities of landlords and operates in the context of Section 41 itself. The scheme of Sections 46, 49A and 50 shows that where the legislature intended special postponement or exception, it said so expressly; no such exception is provided in Section 50. Accepting the tenant's construction would defeat the one-year time limit expressly fixed by Section 50 and introduce an indefinite postponement not contemplated by the statute. The long-standing High Court interpretation of Section 50 was also followed.

Conclusion: Section 41(2) does not apply to purchases under Section 50, and the tenant's right to purchase is not postponed on the ground that the landlords are widows.

Final Conclusion: The appeal fails because the statutory scheme of Section 50 is independent and the tenant's purchase right had to be exercised within the prescribed one-year period.

Ratio Decidendi: A reference in Section 50 to Sections 41 to 44 applies only to the extent and procedure of purchase, not to the postponement of the tenant's right to purchase under Section 41(2).

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