1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR L.P.A. NO. 342 OF 2010 IN WRIT PETITION NO. 1321 OF 2010. Ramaji Daulatrao Vairagade .vs. Vina Chandrakant Pande & others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Shantanu Khedkar, Advocate for appellant, Mr. V.N. Patil, Advocate for respondent nos. 2 & 3. CORAM : S.A. BOBDE & MRS. MRIDULA BHATKAR, JJ. DATED : OCTOBER 7, 2010. The only contention raised by the learned Counsel for the appellant is that the learned Single Judge committed an error in not appreciating the fact that the appellant’s tenancy though created on 3.6.1978 was followed by a series of annual contractual tenancies created every year and, therefore, the appellant’s application under Section 50 of the Bombay Tenancy & Agricultural Lands (Vidarbha Region) Act, 1958 was within time. Section 50 of the Act confers right on the tenant holding land under the tenancy and cultivating personally to purchase within one year from the commencement of the tenancy so much of the land as may 2 be entitled to purchase under Section 41 of the Act. We find that this contention has been dealt with by the learned Single Judge who has found that in the application before the Tahsildar the appellant has not even claimed that he was in cultivation for 16 to 17 years. The learned Single Judge has found as a fact that there is no evidence that the appellant paid the annual rent – Makta. At the hearing, the learned Counsel for the appellant fairly accepted the position that annual contractual tenancy renewed every year has not been pleaded by the appellant in the application under Section 50 of the Act. There is also no evidence of such tenancy. In these circumstances, we find that the application for purchase under Section 50 of the Act has been rightly rejected. There is no merit in the appeal which is hereby dismissed. In view of the above, C.A. No. 601/2010 does not survive and stands disposed of as such. Judge Judge J.