GOPAL BAGWAVANT KULKARNI Vs. KALLAPPA MARUTI NIMBALKAR

JUDGEMENT

(1.) The landlord Gopal Bagavant Kulkarni has filed this writ petition praying for quashing the order of the Tahsildar, Chikkodi, passed on 28- 8-1967 in TNC/586/1952, and the order passed by the Assistant Commissioner, Chikcdi Division, Chikodi, in TNC/Appeal-6/67 on 11-4-1968. He has further asked for issue of a writ of mandamus directing the Tahsildar of Chikodi, to put him in possession of Re: Sy.No.27/3 situate in Sadalaga village in the District of Belgaum.

(2.) The few undisputed facts necessary for a decision in this writ petition may be briefly narrated as follows: The petitioner is the landlord of S.No.23/3 of Sadalaga village, Chikodi Taluka. The father of the respondents was a protected tenant of that land. The petitioner filed an application for eviction of the tenant and possession of the land on the ground that he required the same for bona fide personal cultivation, under the provisions of the Bombay Tenancy and Agricultural Lands, Act, 1948 (hereinafter referred to as the Bombay Act). Ultimately the matter reached this Court in CP. No.185 of 1958.

(3.) This Court allowed the petition of the landlord and held that he was entitled to possession of the land from the protected tenant. The petitioner instituted eviction proceedings before the Tahsildar. In the mean-while the Mysore Tenants (Temporary Protection from Eviction) Act, 1961 came into force. In view of S.3 of that Act, no eviction in pursuance of the order passed by this Court in CP. No.185 of 1958 could be ordered and the petitioner put in possession of the land. The petitioner, therefore, filed WP.No.772 of 1962 in this Court praying for striking down of the Mysore Tenants (Temporary Protection from Eviction) Act, 1961, as unconstitutional. By the time the said writ petition came up for hearing, the said Act had been repealed by the coming into force of the Mysore Land Reforms Act, 1961 (hereinafter referred to as the Act). In view of this situation, this Court passed an order wherein it was held as follows: