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1999 (5) TMI 627

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..... smissing his Writ Petition, where in he had questioned the legality of the order passed by the Maharashtra Revenue Tribunal confirming the order passed by the Sub-Divisional Officer, Karvir Division, Kolhapur in TNC Appeal No. 192/79. 2. As landlady - Shevantibai was a widow, the deemed date of statutory purchase by the appellant - tenant was postponed. It is not in dispute that his right to pu .....

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..... case for deciding it Under Section 32G of the Act. Therefore, the heirs of Shevantibai filed a Revision Petition before the Maharashtra Revenue Tribunal and contended that since the tenant had failed to exercise his right Under Section 32F within the stipulated period, the purchase had become ineffective and, therefore, the Sub-Divisional officer was in error in allowing the appeal and sending th .....

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..... rom the expiry of the period during which such landlord is entitled to terminate the tenancy Under Section 31. The landlady died on 8.12.65. Her successors-in-interest could have filed an application for termination of tenancy within one year from 8.12.1965 as her interest in the land ceased to exist from that date. Therefore, the tenant ought to have exercised his right Under Section 32F before 8 .....

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..... sion because language of the Sections 32F and 31 is quite clear and the period of one year will have to be counted in accordance with the said provisions and not from the date of the knowledge of the tenant. The provision of law being clear, we cannot in such a case relief on the basis of equity. 5. In our opinion, the High Court was right in dismissing the Writ Petition. This appeal fails and .....

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