Q ) Explain in detail the provisions of tiller's day under B.T.A.L. Act, 1948?

Bombay Tenancy and Agricultural Lands Act, 1948

Section 32   [ View Judgements ]

[1] [(1)] On the first day of April 1957 (hereinafter referred to as "the tillers day") every tenant
shall,[2] [subject to the other provisions of this section and the provisions of] the next
succeeding sections, be deemed to have purchased from his landlord, free of all
encumbrances subsisting thereon on the said day, the land held by him as tenant, if,-

(a) Such tenant is a permanent tenant thereof and cultivates land personally;

(b) Such tenant is not a permanent tenant but cultivates the land leased personally; and

(i) the landlord has not given notice of termination of his tenancy under section 31; or

(ii) notice has been given under section 31, but the landlord has not applied to the Mamlatdar
on or before the 31st day of March, 1957 under section 29 for obtaining possession of the
land; [3] [or]

[4] [(iii) the landlord has not terminated this tenancy on any of the grounds specified in
section 14, or has so terminated the tenancy but has not applied to [5] [the Mamlatdar on or
before the 31st day of March, 1957 under section 29 for obtaining possession of the lands:]

Provided that if an application made by the landlord under section 29 for obtaining
possession of the land has been rejected by the Mamlatdar or by the Collector in appeal or in
revision by the [5] [Maharashtra Revenue Tribunal) under the provisions of this Act, the tenant
shall be deemed to have purchased the land on the date on which the final order of rejection
is passed. The date on which the final order of rejection is passed is hereinafter referred to as
"the postponed date":

[6] [Provided further that the tenant of a landlord who is entitled to the benefit of the proviso
to sub-section (3) of section 31 shall be deemed to have purchased the land on the 1st day of
April 1958, if no separation of his share has been effected before the date mentioned in that
proviso.]

[7] [(1A) (a) Where a tenant, on account of his eviction from the land by the landlord, before
the 1st day of April, 1957, is not in possession of the land on the said date but has made or
makes an application for possession of the land under sub-section (1) of section 29 within
the period specified in that sub-section, then if the application is allowed by the Mamlatdar, or
as the case may be, in appeal by the Collector or in revision by [5] [the Maharashtra Revenue
Tribunal, he shall be deemed to have purchased the land on the date on which the final order
allowing the application is passed.

(b) Where such tenant has not made an application, for possession within the period
specified in sub-section (1) of section 29 or the application made by him is finally rejected
under this Act, and the land is held by another person as tenant on the expiry of the said
period or on the date of the final rejection of the application, such other person shall be
deemed to have purchased the land on the date of the expiry of the said period or as the case
may be, on the date of the final rejection of the application.]

[8] [(1B) Where a tenant who was in possession on the appointed day and who on account of
his being dispossessed before the 1st day of April 1957 otherwise than in the manner and by
an order of the Tahsildar as provided in section 29, is not in possession of the land on the
said date and the land is in the possession of the landlord or his successor-in-interest on the
31st day of July 1969 and the land is not put to a non-agricultural use on or before the last
mentioned date, then, the Tahsildar shall, notwithstanding anything contained in the said
section 29, either suo motu or on the application of the tenant, hold an inquiry and direct that
such land shall be taken from the possession of the landlord or, as the case may be, his
successor-in-interest, and shall be restored to the tenant; and therefore, the provisions of this
section and sections 32A to 32R (both inclusive) shall, in so far as they may be applicable,
apply thereto, subject to the modification that the tenant shall be deemed to have purchased
the land on the date on which the land is restored to him:

Provided that, the tenant shall be entitled to restoration of the land under this sub-section only
if he undertakes to cultivate the land personally and of so much thereof as together with the
other land held by him as owner or tenant shall not exceed the ceiling area.

Explanation. -In this sub-section, "successor-in-interest" means a person who acquires the
interest by testamentary disposition or devolution on death.]

[9] [(2) Whereby custom, usage or agreement or order of a Court, any warkas land belonging
to the landlord is used by the tenant for the purpose of rab manure in connection with rice
cultivation in the land held by him as tenant,-

(a) the whole of such warkas land, or

(b) as the case may be, such part thereof as the Tribunal may determine in cases where such
warkas land is jointly used by more persons than one for the purpose of rab manure,
shall be included in the land to be deemed to have been purchased by the tenant under sub-
section (1):

Provided that in cases referred to in clause (b) the Tribunal may determine that such warkas
land shall be jointly held by persons entitled to use the same, if in the opinion of the Tribunal,
the partition of such warkas land by metes and bounds is neither practicable nor expedient in
the interest of such persons.]

[10] [(3) In respect of the land deemed to have been purchased by a tenant under sub-section
(1),-

[11] [(a) the tenant-purchaser shall be liable to pay to the former landlord compensation for
the use and occupation of the land, a sum equal to the rent of such land every year, and]

(b) the [12] [former landlord] shall continue to be liable to pay to the State Government the
dues, if any, referred to in clauses (a), (b), (c) and (d) of sub-section (1) of section 10A, where
[13] [the tenant-purchaser] is not liable to pay such dues under sub-section (3) of that section
until the amount of the purchase price payable by[13] [the tenant-purchaser] to the former
landlord is determined under section 32H.]

[14] [(4) Where any land held by a tenant is wholly or partially exempt from the payment of
land revenue and is deemed to have been purchased by him under subsection (1) or under
section 32F, section 320 or section 33C then,-

(a) the tenant-purchaser shall in respect of such land, be liable to pay the full land revenue
leviable thereon, and

(b) the State Government shall, with effect from the date on which the tenant is deemed to
have purchased the land, but so long only as the tenure on which the land was held by the
landlord continues and is not abolished, pay annually to the former landlord,-

(i) where such land is wholly exempt from the payment of land revenue, a cash allowance of
an amount equal to the full land revenue leviable on such land; and
(ii) in other cases, an amount equal to the difference between the full land revenue leviable on
such land and the land revenue payable thereon immediately before the said date.]