STATE OF MAHARASHTRA Vs. LAZMEN ABAJI:SYED AHMED

JUDGEMENT

(1.) These two appeals are by certificate from two judgments dated 1 April 1965 of the Bombay High Court.

(2.) Both the appeals turn on the question as to whether the relationship of landlord and tenant continued to subsist between 20 July, 1955 when the inams were abolishgd by and the land vested in the State under the Hyderabad Abolition of Inams Act, 1954 being Act VIII of 1955 (hereinafter referred to as the 1955 Act) and 1 July, 1960 when a notification under section 1 (3) (b) of the 1955 Act made the entire 1955 Act applicable.

(3.) The contention on behalf of the State was that when the 1955 Act came into existence on 20 July, 1955 inams were abolished and the land vested in the State, and, therefore, the relationship between the inamdar landlord and the tenant in respect of the inam land ceased. The contention on behalf of the inamdar and the tenant on the other hand was that though inams were abolished and the land vested in the State on the coming into force of the 1955 Act on 20 July, 1955 the relationship of inamdar landlord and tenant continued upto 1 July, 1960 because all the provisions of the 1955 Act did not come into effect until 1 July,1960 and those which did not come into operation had the effect of saving and preserving the relationship between inamdar landlord and tenant. The High Court upheld the contention of the inamdar landlord and the tenant .