RAMCHANDRA ANNASAHEB SHINDE Vs. DAGADU SHANKAR SHEVATE

JUDGEMENT

(1.) THE question which has been referred to the Full Bench, is as follows:

(2.) IN order to answer this question, it is necessary to consider certain provisions of the Act, as it stood at the material time, i. e. when the notices were given. The Act was extensively amended in 1956 and we have to consider the provisions of the Act, as it stood prior to the amendment in 1956. Clause (20) in Section 2 of the Act defines the word "year", as meaning "the year ending on the 31st of March or on such date as the State Government may, by a notification, appoint for any locality. " This meaning is to be given "unless there is anything repugnant in the subject or context. " No notification under this clause has so far been issued by Government.

(3.) SECTION 3 states that "the provisions of Chapter V of the Transfer of Property Act, 1882, shall, in so far as they are not inconsistent with the provisions of this (Tenancy) Act, apply to the tenancies and leases of lands to which this Act applies. " Chapter V of the Transfer of Property Act contains provisions with regard to leases. These provisions are made applicable to leases, to which the Tenancy Act applies, in so far as they are not inconsistent with the provisions of the latter Act.