Shri. Kondu Thaku Chavan (Since Decd) ... vs Shri. Ashok Shankar Chavan And Ors on 21 February, 2018
34. In my view, the tenancy of the predecessors of the
respondents prevailing as on 01st April, 1957 does not come to an
end on the date of the re-grant of the land by the Government in
favour of the petitioner with effect from 01st August, 1959. No fresh
tenancy is created on 01st August, 1959. The Supreme Court in case
of Sadashiv Dada Patil (supra) this Court in case of Kallawwa
Shattu Patil (supra) and in case of Pradip Vasudeo Ekbote & Ors.
(supra) have construed an identical provision and has held that
section 32(O) of the BT & AL Act would not be attracted. The existing
tenancy as on the deem that will continue and the tenants are entitle
to apply for determination of the purchase price of such land based
on the deemed ownership under section 32-G of the BT & AL Act. In
my view, the aforesaid judgments squarely apply to the facts of this
case.