VASANT GANPAT PADAVE (D) BY LRS. & ORS . versus ANANT MAHADEV SAWANT (D) THROUGH LRS. & ORS

Citation: [2019] 15 S.C.R. 569 · Decided: 18-09-2019 · Supreme Court of India · Bench: R.F. NARIMAN, R. SUBHASH REDDY, SURYA KANT · Disposal: Appeal(s) allowed

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Judgment (excerpt)

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569
VASANT GANPAT PADAVE (D) BY LRS. & ORS.
v.
ANANT MAHADEV SAWANT (D) THROUGH LRS. & ORS.
(Civil Appeal No. 11774 of 2018)
SEPTEMBER 18, 2019
[R. F. NARIMAN, R. SUBHASH REDDY
AND SURYA KANT, JJ.]
Maharashtra Tenancy and Agricultural Lands Act, 1948 –
s.32-F(1)(a) – Amendment made in s. 32 F(1)(a) by Act 49 of 1969
– Object and purpose of – Relevancy and applicability of the
object of Amendment made in s. 32-F(1)(a) by Act of 1969 for
exercise of right to purchase by a tenant of a landlord who was a
widow or suffering from mental or physical disability on Tillers’
day – Held: Object of the Amendment Act of 1969 is relevant and
applicable in deciding the scope of the right to purchase by a
tenant of a landlord who was a widow or suffering from mental
or physical disability on Tillers’ day – Successor-in-interest of a
widow is obliged to send an intimation to the tenant of cessation
of interest of the widow to enable the tenant to exercise his right
of purchase.
Maharashtra Tenancy and Agricultural Lands Act, 1948 –
s. 32-F(1)(a) – Interpretation of – Literal interpretation or golden
rule of interpretation – By introduction of s 32-F by the Amendment
Act of 1956, tenant was given right to purchase where landlord
was minor or a widow or a person subject to mental or physical
disability within one year from the expiry of the period during
which such landlord was entitled to terminate the tenancy u/s. 31
– However, number of tenants holding land from landlords who
were minors lost right to purchase land for their failure to give
intimation within the period laid down in sub-section (1-A) of s.
32 – Thus, to give the tenants fresh opportunity to purchase land,
s.32-F amended by Amendment Act 49 of 1969 – Words “and for
enabling the tenant to exercise the right of purchase, the landlord
shall send an intimation to the tenant of the fact that he has attained
majority, before the expiry of the period during which such
landlord is entitled to terminate the tenancy u/s. 31, inserted into
   [2019] 15 S.C.R. 569
569
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SUPREME COURT REPORTS
[2019] 15 S.C.R.
sub section (1)(a) – Amendment to s.32-F(1)(a) expressly covered
a case of landlord who was minor and has attained majority, but
other two categories ‘widow or a person subject to mental or
physical not expressly included – Held: Literal reading of s. 32-
F(1)(a) would lead to absurd situation – Draftsman forgot that
when the addition to s. 32-F(1)(a) was made, s. 32F(1)(a) referred
to three categories of landlords and not only one – Law may
recognise degrees of harm, but in so doing the classification should
never be arbitrary, artificial or evasive – Classification made in
favour of tenants of minor landlords as opposed to tenants of
landlords of the other two categories is arbitrary in nature – Thus,
such classification would ordinarily have to be struck down as
being violative of Art. 14 – However, instead of striking down such
classification as a whole, the words “..of the fact that he has
attained majority..”, can be striked down, as a result s. 32-F(1)(a)
now ceases to be discriminatory, since it is applicable to tenants
of all three categories of landlords – Thus, in order to read s. 32-
F(1)(a) in conformity with Art. 14, the words “..of the fact that he
has attained majority..” is eliminated so that the intimation that is
to be made by the landlord has to be made to tenants of all the
three categories of landlords covered by the provision –
Interpretation of statutes – Constitution of India – Art.14.
Maharashtra Tenancy and Agricultural Lands Act, 1948 –
s. 32-F(1)(a) – Right of tenant to purchase where landlord is minor,
etc. – Construction of s. 32 F(1)(a) – Held: Cultivating tenant in
all cases where the landlord is a minor, a widow or a person
subjected to a disability, does not statutorily become owner of the
agricultural land cultivated personally by him on Tillers’ Day –
These three categories of landlords are deemed to cultivate
personally through such tenant – In any of these three cases, the
moment the disability ceases, the land no longer belongs to a minor,
as he has become major, or to a widow, as she has died or
transferred her share with permission u/s.63, or to a person whose
mental or physical disability ceases – Such persons are granted
one year to apply for resumption of the land on the ground that
such persons wish to personally cultivate the said land, pursuant
to which an application for possession  of land u/s

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