TMI Blog1998 (11) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant filed an application under Section 31(1) read with Section 29 of the said Act for possession on the ground that he bona fide required the land for personal cultivation. Although the appellant was a minor at the time of the application, he chose to exercise his rights under Section 31(1). This application was ultimately dismissed by the Mamlatdar on 29.5.1957 on the ground that under Section 31-B, there is a prohibition against termination of tenancy if such termination would result in contravention of the provisions of Bombay Prevention of Fragmentation Consolidation of Holdings Act, 1947. Therefore, by virtue of the dismissal of the appellant s application under Section 31(1) under the provisions of Section 31(1) the respondent b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice terminating tenancy of the respondent under Section 43-1B(2). In the proceedings which took place thereafter, his application was allowed by the Sub-Divisional Officer on 31.3.1976. An appeal from this order to the Additional Commissioner was dismissed on 25.4.1976. The respondent-tenant thereupon moved the High Court by way of a writ petition which has been allowed by the impugned judgment order dated 8.10.1980. Hence, the present appeal. The short question that requires consideration is whether in view of the dismissal of the original application filed by the appellant-landlord under Section 31(1) on 29.5.1967, it was open to the appellant to avail of the provisions of Chapter III-AA. Under Section 43-1B, it is provided that not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion Bench of the Bombay High Court in the case of Bhimrao Tatoba Sawant Anr. Vs Heramb Anant Patwardhan Ors. reported in AIR 1986 Bombay 408. While considering the scheme of Chapter III-AA, the Bombay High Court held that Section 43-IE would come into operation only if there has been so as to say, a completed purchase of the land by the tenant under the provisions of Chapter III. It will not be possible to introduce, while interpreting that section the theory of deemed purchase and its ineffectiveness under certain circumstances. What is material is that the vested rights flowing from the purchase of the land by the tenant under Chapter III should not be disturbed. If the rights of the tenant as a purchaser have not been crystallised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be put by Shri Bhonsale on S.43-IE would take away all the benefits which the Legislature intended to confer on the landlords who lhave been serving as members of the armed forces. It is material to note that S.43-IE uses the words purchase by the tenant . It appear that the Legislature has purposefully chosen not to use the words deemed to have been purchased by the tenant under Chap. III. The words purchased by the tenant will have to be interpreted in such a manner that the intention of the Legislature to give additional benefits to the landlords belonging to the armed forces is implemented. This is permissible if there is no violence to the language used by the Legislature and the meaning of the phrase purchased by the tenant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld not thereupon become a nullity. It would continue to bind the parties unless set aside. The effect of the decision of 31.5.1961 on the parties therefore, cannot be ignored. In the present case, since the tenant could not complete his purchase by reason of the proceedings under Section 31G being dropped he cannot now contend that the decision has no legal effect or that the proceedings under Section 31G ought to have been completed and, therefore, he should be looded lupon as a purchaser. The appellant has also drawn our attention to Section 31F(IA) under which, if a tenant holding land from a landlord who was a minor has not been given intimation at the commencement of the Bombay Tenancy and Agriucltural Lands Amendment Act, 1969, but ..... X X X X Extracts X X X X X X X X Extracts X X X X
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