ORDER
D.G. Deshpande, J.
1. Heard advocate Mr. Sali for the petitioner and advocate Mr. Katikar for the respondents.
2. The M.R.T., whose order is under challenge, has according to the petitioner, on the one hand accepted the status of the respondent as deemed purchaser from 1-4-1962, but on the other hand has also observed that since the landlady was widow on 1-4-1962, the right of the tenant got postponed. The petitioner landlady who was the widow at that time is still continuing to be so, and therefore, according to the petitioner, if the tenant respondent is the tenant of widow, then he cannot be said to be deemed purchaser on 1-4-1962 and if he is deemed purchaser on 1-4-1962 his right cannot be postponed because the petitioner is the widow. According to the petitioner’s advocate, the observations of the M.R.T. are contrary to the facts and to the legal position. If the right of the tenant to purchase the land is postponed, then it must get postponed till the widow is alive and no inquiry can be made by any of the Authority under the Tenancy Law regarding right of the respondent as tenant or deemed purchaser till the widow is alive.
3. There is no dispute that the petitioner was widow prior to 1-4-1962, and therefore, according to the Counsel for the petitioner her option to exercise the right under section 33-B as certificated landlady gets postponed till disability is continued. The Advocate for the petitioner relied upon a Division Bench Judgment of this Court reported in The State of Bombay v. K.M. Nanavati, 1966(LXII) Bom.L.R. 383 wherein the Division Bench has held that the right of the certificated landlord to apply under section 33-B of the Tenancy Act for possession of land from an excluded tenant does not lapse on his death and can be exercised within specified time by his successor in title. The Counsel for the petitioner also placed reliance upon sub-section (4) of section 33-B and sub-section (3) of section 33-C.
4. There is no dispute that the husband of the petitioner had obtained certificate under section 88-C of the Tenancy Act. There is no dispute that section 33-B of the Tenancy Act confers a right upon certificated landlord to terminate tenancy of an excluded tenant i.e. the respondent for bona fide personal cultivation after giving notice in that regard and making an application for possession of the land. There is also no dispute that sub-section (4) of section 33-B of the Tenancy Act has effect of postponing the right of certificated landlord, if such landlord was widow till the widow is alive and for a period of one year from the date on which widow’s interest in the land ceases. Sub-section (4) of section 33-B, therefore, means that if certificated landlord is a widow, she can not apply under section 33-B but such an application under section 33-B of exercise of a right under section 33-B could be only made by successor in title of the widow within one year from the date on which widow’s interest in the land ceases. As against this a tenant i.e. an excluded tenant and in this case the respondent gets right of a deemed purchaser from 1-4-1962 and he can exercise that right and he will have to apply under sub-section (3) of section 33-C of the Tenancy Act which provides as under :-
“Where the certificated landlord, belonging to any of the categories specified in sub-section (4) of section 33-B, has not given notice of termination of the tenancy of an excluded tenant in accordance with sub-section (3) of that section, or has given such notice but has not made an application thereafter under section 29 for possession as required by the said sub-section (3), such excluded tenant shall have the right to purchase the land held by him as tenant within one year from the expiry of the period specified in sub-section (4) of section 33-B;
Provided that where the tenancy is terminated and application for possession is made in accordance with the provisions of sub-section (4) of section 33-B, the tenant shall, within one year from the date on which such application is finally decided be entitled to purchase the land which he is entitled to retain in possession after such decision”.
If a certificated landlord i.e. being a widow as provided under sub-section (4) of section 33-B of the Tenancy Act has not given any notice of termination of tenancy to an excluded tenant in accordance with sub-section (3) of that
section or has given notice, but has not made an application etc., then such excluded tenant shall have right to purchase the land held by him as a tenant within one year from the expiry of period specified in sub-section (4) of section 33-B of the Tenancy Act.
5. These provisions, therefore, will clarify that while a widow is alive, she can not exercise the right under section 33-B of the Tenancy Act as a certificated landlord and right can only be exercised by her successor in title. In the same manner, sub-section (3) of section 33-C provides that a tenant can exercise the right to purchase the land of the certificated landlord belonging to any of the categories specified in sub-section (4) of the section 33-B.
6. Combined reading of section 33-B (4) and section 33-C(3) of the Tenancy Act will show that successor in title of the widow has to exercise his right within one year of cessation of widow’s interest and deemed purchaser under section 33-B has exercised similar right of purchasing the land within one year from expiry of cessation of widow’s interest.
7. In view of this factual position, the petition is required to be allowed and order of the Maharashtra Revenue Tribunal is required to be quashed taking into consideration the respective rights of the certificated landlord i.e. the petitioner/widow and excluded tenant i.e. the respondent. Hence the order:-
ORDER
8. The petition is allowed.
9. Rule made absolute
10. The impugned order of the Maharashtra Revenue Tribunal dated 15-11-1985 is quashed and set aside. It is further clarified that both the petitioner or successor in title of the petitioner shall be entitled to her or his right under section 33-B as stipulated by sub-section (4) of section 33-B of the Tenancy Act, and respondent-tenant shall be at liberty to exercise his right as deemed purchaser under section 33-C(3) of the Tenancy Act.
11. All the contentions now raised by the parties are kept open for those proceedings.
12. No order as to costs.
13. Petition allowed.