SHANBHOGUE PRANESHA RAO Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner before us was the owner of a wet land consisting of about 50 acres in Chitaldrug District. On 29-3-1955, the State Government of Mysore issued a notification under Section 6, sub-section (2) of the Mysore Tenancy Act, 1952 fixing the maximum rent payable by the tenants to the landlords in the area in which the petitioner's land is situate. The petitioner before us challenges the validity of Section 6(2) of the Mysore Tenancy Act, 1952, as also the validity of two other sections of the said Act, being section 5 and Section 17 thereof.

(2.) Section 5 of the Mysore Tenancy Act provides that no tenancy of land shall be for the period of less than five years and all tenancies in force on the date of commencement of this Act shall be deemed to be tenancies for a further period of five years from the date of commencement of the Act.

(3.) Sub-section (2) of the said section provides that notwithstanding any agreement, usage or law to the contrary, no tenancy shall be terminated before the expiry of a period of five years except on the grounds mentioned in Section 15. There is a proviso to the said sub-section which lays down that with the consent of the landlord any tenancy may be terminated by a tenant before the expiry of a period of five years by surrendering his interest as a tenant in favour of the landlord.