(1.) In this petition under Arts.226 and 227 of the Constitution, the petitioner has prayed for issue of a Writ in the nature of Certiorari quashing the order of the Mysore Revenue Appellate Tribunal (hereinafter referred to as the MRAT.) so as to restore the orders of the Assistant Commissioner and of the Tahsildar, which orders were set aside by the MRAT.
(2.) The petitioner herein is the landlord and respondent 1 herein is the tenant. The petitioner made an application before the Mamlatdar under the provisions of the Bombay Tenancy and Agricultural Lands Act for eviction of the tenant on the ground of default in payment of rent. The Mamlatdar passed an order evicting the tenant. His order was affirmed in appeal before the Prant Officer and the Bombay Revenue Appellate Tribunal. Threafter the tenant filed before the Bombay High Court a petition which stood transferred to this Court on Reorganisation of States. By its order dated 30-3-1959 this Court set aside the orders of the Mamlatdar, Prant Officer and the Revenue Appellate Tribunal and sent back the matter to the Mamlatdar for a fresh disposal after considering the question whether the petitioner was a mulgeni tenant. As the landlord had already obtained possession of the demised land, this Court directed that he might remain in possession till the final determination of the matter by the Mamlatdar.
(3.) After remand, the Tahsildar made an order evicting the tenant on the ground of default in payment of rent. That order was affirmed by the Assistant Commissioner in appeal. The tenant took up the matter is revision before the MRAT. During the pendency of this revision petition, the Mysore Land Reforms Act, 1961, (hereinafter referred to as the Act) came into force on 2-10-1965. The MRAT. held that in view of the provisions of the Act the landlord's petition for eviction was no longer maintainable. In that view it (the MRAT.) set aside the orders of the Tahsildar and the Assistant Commissioner and dismissed the landlord's petition for eviction as not being competent. Feeling aggrieved, the landlord has come up before us.