Waman Atmaram Lavand and Krishnabai Atmaram Lavand vs Dattatraya @ Dattu Baba Lavand, Babu Aba Lavand and The Maharashtra Revenue Tribunal

Nishita Mhatre, J.—The Petition challenges the order passed by the Tenancy Awwal Karkoon u/s 84C of the Bombay Tenancy & Agricultural Lands Act, 1976 (hereinafter referred to as ''the said Act''). It also impugns the order passed by the Sub- Divisional Officer confirming the order as well as the order passed by the Maharashtra Revenue Tribunal dismissing the Revision Application filed by the petitioners.

The land bearing Gat No. 181 was being cultivated by two brothers Baba and Aba Lavand. Each of the brothers had half a share in the property. Since they were tenants on the tiller''s day, they exercised their right and purchased the property under the provision of Section 32G of the aforesaid Act. Each of them thus became a deemed purchaser of half the land. The purchase price was fixed for the land and accordingly that price was deposited by the Lavand brothers and a certificate was issued u/s 32M of the aforesaid Act. Sale Certificates were issued and the mutation entries were effected in their names indicating that they were owners of the land.

It appears that Baba Lavand expired on 25th December, 1979 and respondent No. 1 was accepted as his heir and a mutation entry was made in his name. Aba Lavand also died on 25th November, 1970 and the name of his son was entered into the revenue records. Thus respondent Nos. 1 and 2 were shown as owners of the aforesaid land in the revenue records. It appears that the respondents sold their lands to the petitioners in 1980. Respondent No. 1 sold his share on January, 1980 while respondent No. 2 sold the other half to the petitioner on October, 1980. However, no permission was sought from the Collector for the sale, as required under the aforesaid Act.

Six years later, an enquiry was initiated u/s 43 read with Section 84C of the said Act. The petitioners appeared before the Tenancy Court and contended that they were unaware that the sale could not be effected in their favour without the previous sanction of the Collector. The statements of respondent Nos. 1 and 2 were recorded before the Tenancy Court. Both of them deposed that they had sold the property since they were in dire need of money. They have also stated that as they were unaware of the position in law, no permission had been sought from the Collector as required u/s 43 of the aforesaid Act. They did not at any point of time resile from the sale of the land.

The Tenancy Court held that since there was no sanction accorded by the Collector for sale of the land, the land was required to be forfeited. That order was impugned by the petitioners in Tenancy Appeal No. 12 of 1987 before the Sub-Divisional Officer, Baramati. The Appellate Authority has dismissed their Appeal and has confirmed the order passed by the Tenancy Court. It was observed that, the mere fact that the petitioners had improved the land, that could not in any manner absolve them from the requirement of obtaining a sanction from the Collector prior to purchase of the land which was owned by respondent Nos. 1 and 2. It was held that the petitioners had violated the provisions of the aforesaid Act.

Being aggrieved by the decision taken by the Sub-Divisional Officer, Baramati, the petitioners preferred a Revision Application before the Maharashtra Revenue Tribunal. That Application has also been dismissed.

The learned Advocate for the petitioners submits that proceedings u/s 84C of the said Act can be initiated only within a reasonable time. According to him since the sale was effected in 1980, the provision could have been invoked immediately thereafter. He points out that six years is not a reasonable time as the enquiry was initiated only in 1986. The learned Advocate relies on a judgment of the Supreme Court, in the case of Mohamad Kavi Mohamad Amin Vs. Fatmabai Ibrahim, , in support of his submission. He further submits that the revenue record did not indicate that the respondent Nos. 1 and 2 were tenants of the land and that a certificate u/s 32M of the aforesaid Act had been issued. In these circumstances, the petitioners had not sought permission from the Collector.

In my opinion, the initiation of proceedings u/s 84C of the said Act after six years is unacceptable. It is true that there is no limitation prescribed u/s 84C of the said Act for commencing an enquiry. However, it is well settled that when the period of limitation is not prescribed under the provisions of law, action must be initiated within a reasonable time. In fact, the Supreme Court in the case of Mohamad Kavi Mohamad Amin (supra) has observed that a suo-motu enquiry must be initiated u/s 84C by the Mamlatdar without an inordinate delay. This is because, if sale deeds are declared invalid, the purchaser is likely to suffer an irreparable injury because, he may have made investments and improvements in the land after the aforesaid purchase.

In my opinion, therefore, the orders passed by all the Authorities below must be set aside. There is material on record that after the sale of the lands to them, the petitioners have improved the land at their costs. A water channel has been constructed by them. They have dug a well and levelled the lands. The petitioners have spent huge amounts for these improvements to the lands.

In these circumstances, the Petition is allowed. Rule made absolute in terms of prayer Clause (c).

No order as to costs.