Synopsis

The petitioners, legal heirs of protected tenants, invoked Section 32-G of the Maharashtra Tenancy and Agricultural Lands Act, 1948 for purchase of agricultural land. The original landlord died before the Tillers’ Day (1st April 1957), and his widows were recorded as landladies. Consequently, the tenants’ right to purchase the land stood postponed under Section 32-F. The widows died in 1981 and 1994. The petitioners filed an application for fixation of purchase price in 2001. The Tahsildar and Sub-Divisional Officer rejected the application, and the Maharashtra Revenue Tribunal dismissed the revision on the ground of delay. The High Court, relying on the Constitutional Bench decision in Vasant Ganpat Padave v. Anant Mahadev Sawant (2020), held that the successor-in-interest of a widow is obliged to send intimation to the tenant regarding cessation of the widow’s interest to enable the tenant to exercise the right of purchase. In the absence of such intimation, the tenant cannot be denied the right to seek fixation of purchase price. The writ petition was allowed, and the orders of the lower authorities were quashed.

Court: High Court of Judicature at Bombay, Bench at Aurangabad

Coram: Honourable Mr. Justice Siddheshwar S. Thombre

Date of Judgment: 6th April 2026

Citation: Writ Petition No. 1699 of 2018 (2026:BHC-AUG:17557)

Core Law: Maharashtra Tenancy and Agricultural Lands Act, 1948 – Sections 32-F, 32-G; Tenancy law – postponed right of purchase of tenant when landlord is widow; obligation of successor-in-interest to give intimation

2. Legal Framework

Major laws and provisions involved

• Maharashtra Tenancy and Agricultural Lands Act, 1948 – Section 32-F (postponement of right of purchase where landlord is widow, minor, or disabled); Section 32-G (procedure for fixing purchase price); Section 32 (right of tenant to purchase land)

• Constitution of India, 1950 – Article 227 (supervisory jurisdiction of High Court)

Key legal principles applied

Postponed right of purchase under Section 32-F: Where the landlord is a widow (or minor or disabled) on the Tillers’ Day (1st April 1957), the tenant’s right to purchase the land under Section 32 is postponed. The tenant may exercise the right within one year from the expiry of the period during which such landlord is entitled to terminate the tenancy under Section 31.

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