YELLAPPA LAXMAN POTE Vs. BASAVANTA SIDABASAPPA PATIL

JUDGEMENT

(1.) This appeal is by the plaintiff in RCS. No.284 of 1955, on the file of the Court of the Third Joint Civil Judge, Jr. Dvn., Belgaum, and is directed against the judgment and decree of the Second Addl. District Judge, Belgaum, made in CA. No.245 of 1957, on 22-2-1963. This apppeal has been brought up before us for final disposal by virtue of a reference made by Gopivallabha Iyengar, J., on 10-12-1970. The undisputed facts, briefly stated, are as follows: The suit was one for ejectment based on two rent notes executed by the defendants on 2-5-1951. The suit lands in question are situated within the limits of the Belgaum Municipal Borough. The rent notes were executed in favour of one Laxman Narayan Ananthabat, who was the owner at the relevant time. Although the term of the lease stipulated under the said deeds was one year, the defendants held over the said lands even after the expiry of the said period and continued as tenants on the same terms and conditions. Therefore, under the Bom.Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the Act of 1948), the defendants became 'protected tenants' entitled to the benefit conferred by the several provisions of that) Act.

(2.) By the Amending Act XXXIII of 1952, (hereinafter referred to as the Act of 1952), which came into force with effect from 12-1-1953, the agricultural lands situated within the Municinal Boroughs, constituted under the Bombay Municipal Boroughs Act of 1925, were exempted from the operation of the Act of 1948. The Belgaum Municipal Borough was one such. Presumably, taking advantage of this situation the said Laxman Naravan Ananthabhati sold the suit lands to the appellant ("plaintiff) on 30-4-1953 for a consideration of Rs. 49,000. Thp appellant thereupon issued a notice to quit to the defendants on 2-3-1954 and filed the present suit on 29-7-1955.

(3.) Then camp the Amending Art XIII of 1956 (hereinafter referred to as the Art of 1956). which was givn effect to from 1-8-1956 Bv this Act, a new S.43C was introduced, among others. The said section runs thus: