Baban Balaji More (D) vs Babaji Hari Shelar (D) 2024 INSC 203 :: [2024] 3 S.C.R. 593 – Maharashtra Hereditary Offices Act, 1874 – Maharashtra Tenancy and Agricultural Lands Act, 1948, Maharashtra Revenue Patels (Abolition of Offices) Act, 1962

Maharashtra Hereditary Offices Act, 1874 – Maharashtra Tenancy and Agricultural Lands Act, 1948- Maharashtra Revenue Patels (Abolition of Offices) Act, 1962 – it was not open to the appellants to proceed against the tenants under the provisions of Sections 5, 11 and 11A of the 1874 Act after the death of Balaji Chimnaji More, the original Watandar, in February/March, 1958. This is because the provisions of the Tenancy Act were very much applicable to the subject lands by then and more so, Sections 29 and 31 thereof. Therefore, the legal heirs of the original Watandar could not have taken lawful possession of these lands from the tenants pursuant to the order dated 18.04.1961 passed under Sections 5, 11 and 11A of the 1874 Act. The same was rightly held to be invalid in the revisionary order dated 03.05.1982 and that finding was correctly held to be justified by the Bombay High Court. We also hold that the tenancy was lawfully subsisting on 01.04.1957, i.e., Tillers’ Day, and the tenants were entitled to exercise their right of statutory purchase of these 27 tenanted agricultural Watan lands under Section 32 of the Tenancy Act in terms of Section 8 of the Abolition Act, after the exemption afforded by Section 88CA ceased to exist. That right became operational on 27.11.1964, when these Watan lands were regranted to the heirs of the original Watandar.

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