KRISHNA BHATTA Vs. CHOMA BANTA

JUDGEMENT

(1.) The first respondent filed an application under S.16 of Act 4 of 1961 for fixation of the fair rent of the holding in question. That application was disposed of by the Land Tribunal, the 2nd respondent, under S.132(4)(ii)(a). S.132(4)(ii)(a) reads as follows:

(2.) The Land Tribunal has passed an order fixing the fair rent payable, "commencing from the agricultural year 1961 in which the petition was filed."

(3.) This order is challenged by the petitioner on the ground that the Land Tribunal can fix the fair rent payable only from the date of the commencement of Act 1 of 1964. It was contended by Mr. C. K. Viswanatha Iyer, for the petitioner, that the application for fixation of fair rent must be deemed to have been filed under the provisions of Act 1 of 1964, and therefore the Land Tribunal could have fixed the fair rent as payable only from the date of the commencement of Act 1 of 1964, as that is the effect of the legislative fiction. I cannot accede to this submission. I think the effect of the legislative fiction is that the provisions of Act 1 of 1964 relating to fixation of fair rent must be considered to have been in force in respect of those petitions for fixation of fair rent which have been filed but not disposed of under Act 4 of 1961, when those petitions were filed. It is clear from S.132(4)(d) that if fair rent has been fixed under the provisions of Act 4 of 1961 that would be final for the purpose of the payment of fair rent under Act 1 of 1964.