JOSHI JAYANTILAL LAXMISHANKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By a deed of Ijara dated 4/06/1936 the then ruler of the State of Navanagar granted to the petitioners father lands admeasuring 2303 acres situate in the villages Vadala and Pata Meghpar in consideration of the grantee paying a sum of Rs. 4128-2-0 as annual assessment. It appears that after the grant was made the petitioner had several tenants settled on those lands and a village called Juwanpur was established there. It appears from clause (5) of the deed of Ijara that about 107 acres and 37 Gunthas out of the 2300 acres were cultivable lands and were in fact cultivated by tenants residing in Mota Vadala and Pata Meghpar. The grantee was allowed to have the services of these tenants for the first year but thereafter he was to engage other tenants and have. them settled on these lands. Clause (7) of the Ijara provided that the amount of Butta rights for 14 years was to be credited to the names of the original tenants of Butta lands included in these 2300 acres. So far as the other lands were concerned the grantee was permitted to have them converted into Butta lands whenever he applied to the State. The grantee was given liberty to bring in new tenants as also shephards Rabaris etc. He had also a right to recover certain taxes fees and imposts in consideration of his paying a sum of Rs. 251/per year from S. Y. 1991 and onwards. The grantee was also given liberty to cultivate the lands or have them cultivated on share basis partnership basis or Uddhad Vadia. In clause (21) it was provided that the grant was to commence from S. Y. 1992. Clause 26 provided that after the expiry of the period of the Ijara viz. 30 years the grantee was to deliver back to the State all the lands which were the subject matter of the Ijara except those in respect of which he had purchased the Butta rights. Clause (29) provided as follows :

(2.) The deed of Ijara is a composite instrument containing not only terms which are usually found in a deed of lease but also containing provisions which permit the grantee to settle a village thereupon to cultivate lands either by himself or through tenants to evict the tenants already on the land to establish his own tenants in their place and lastly to levy certain fees imposts and taxes upon them. As we have said under clause (1) the grantee was given the right to purchase Butta rights which would make him virtually an occupant of the land. Under clause (26) the grantee was to hand over all the lands except the land in respect of which he had purchased the Butta rights together with all the improvements made thereupon including houses wells etc. to the State. The Ijara was to commence from 1936 and it was to expire in 1966. Though clause (29) of the deed calls the instrument a deed of lease it is a composite document which permits the grantee not only to exploit the land by cultivation but also to recover certain taxes from the tenants. The instrument however did not confer any occupancy rights to the grantee in the lands in question. It is not the petitioners case also that he became an occupant of these lands by virtue of or under this instrument.

(3.) After the formation of the State of Saurashtra as a result of several covenanting State including the State of Navanagar uniting into one State the Government of the State of Saurashtra issued a resolution dated 1/03/1950 The resolution amongst other things provided: