TaxTMI 
TaxTMI 
2003 (10) TMI 646
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....of the insertion of section 32(1B) in the Act, the Tahsildar in the year 1971 started suo motu proceedings for restoration of possession of land to the appellant. However, on 1.3.1972 the Tahsildar dropped the proceedings holding that the landlord was not in possession of land on 31.7.1969. Although, the Tahsildar held that appellant was in possession of the land on 15,6.1955. The appellant preferred an apeal before the Sub- Divisional Officer which was allowed and the case was remanded back to the Tahsildar. On remand, the Tahsildar again dropped the proceedings. Aggrieved the appellant preferred an appeal befoe the Sub Divisional Officer who by order dated 16.11.1987 allowed the appeal and directed restoration of possession to the appellant. The respondent-landlord thereafter preferred a revision petition before the Maharashtra Revenue Tribunal, Pune (for short 'the Tribunal'). The Tribunal by its order dated 15.6.1988 allowed the revision application and the order of the Sub Divisional Officer was set aside. The appellant thereafter preferred a petition under Article 227 of the Constitution before the Bombay High Court. The Bombay High Court in view of the judgment of th....
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....erified under sub- section(1), hold an inquiry and decide whether the landlord is entitled under sub-section (2) to retain the whole or any portion of the land.so surrendered, and specify-the extent and particulars in that behalf. (3) The land or any portion thereof, which the landlord is not entitled to retain under sub-section (2), shall be liable to be disposed of in the manner provided under clause (c) of sub-section (2) of secion 32 p." Section 29 provides for procedure of taking possession which is as under :- "29 (1) A tenant or an agricultural labourer or artisan entitled to possession of any land or dwelling house under any of the provisions of this Act may apply in writing for such possession to the Mamlatdar. The application shall be made in such form as may be prescribed and within a period of two years from the date on which the right to obtain possession of the land or dwelling house is deemed to have accrued to the tenant agricultural labourer or artisan, as the case may be. (2)Save as otherwise provided in sub-section (3A), no landlord shall obtain possession of any land or dwell house held by a tenant except under an order of the Mamtatdar. For ob....
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....e predecessor-in-interest of the appellant in favour of the respondent is found to be invalid; the possession thereof obtained by the later pursuant to or in furtherance thereof shall also be invalid. In such an event, although the landlord takes a physical possession of the land, the right to possess them same remains with the tenant. He could recover possession of the said land in accordance with law. The said Act is a beneficent statute. It should be construed in favour of the tenant and against the landlord. The protection given to the tenant in terms of the said Act must be given full effect. So construed, the expression possession' would also include right of possession. The view which we have taken is fortified by the decisions of this Court in Ramchandra Keshav Adke (dead) by Lrs & Ors. v, Govind Joti Chavare & Ors., [1975] 1 SCC 559; Bhagwant Pundalik & Anr. v. Kishan Ganpat Bharaskal & Ors., [1971] 1 SCC 15 and in Abdul Ajij Shaikh Jumma & Anr. v. Dashrath Indas Nhavi & Ors., AIR (1987) SC 1626 and thus the consistent view had been that the surrender by the tenant for being legal must be in conformity with the provisions contained in Sections 15 and 29 of the Act. In....
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....hstanding anything contained in the said section 29, either suo motu or on the application of the tenant; hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor-in interest, and shall be restored to the tenant; and thereafter, the provisions of this section and sections 32A to 32R (both inclusive) shall, insofar as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him. , Provided that the tenant shall be entitled to restoration of the land tinder this sub-section only if he undertakes to cultivate the land personally and of so much; thereof as together with the other land held by him as owner or tenant shall not exceed the Ceiling area" The salient features of Section 32 (IB) of the act are (1) that the tenant must be in possession of land on 15.6.1955 and (2) the tenant was evicted otherwise than by an order of the Mamlatdar before 1.4.1957 and (3) the landlord or his successor-in-interest which includes persons who acquire interest by testamentary disposition or devolution on death mus....
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....us decision of its own or of a court of coordinate jurisdiction which covered the case before it, in which case it must decide which case to follow or when if has acted in ignorance of a Horse of Lords decisions, in which case it must follow that decision; or when the decision is given in ignorance of the terms of a statute or rule having statutory force." In State of U.P. And Anr. v. Synthetics And Chemicals Ltd & Anr., reported in [1991] 4 SCC 139, this Court observed : "Incuria" literally means 'carelessness'. In practice per in curiam appears to mean per ignoratium. English Courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it is rendered, 'in ignoratium of a statute or other binding authority'. (Young versus Bristol Aeroplane Co. Ltd.) Same has been accepted approved and adopted by this Court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law." In Govt. of Andhra Pradesh And Anr. v. B. Satyanarayana Rao (Dead) by Lrs., [2000] 4 SCC 262, it has been held as follows : "Rule of per in curiam can be applied where a ....