NARAYAN MAHASING PATEL Vs. BALIRAM BHAVDU PATIL

JUDGEMENT

(1.) THESE six applications arise out of six suits filed by landlords after August 1, 1956, for recovering arrears of rent for the period prior to August 1, 1956, from their tenants. In all these suits, it has been held that the Civil Court has no jurisdiction; and that the Only authority, which can make orders for the payment of rent; is the Mamlatdar under Section 70(me) of the Bombay Tenancy and Agricultural Lands Act. The correctness of this view has been challenged before us.

(2.) IN order to decide the question, which arises, fox consideration in, these applications, it is necessary to refer to the relevant provisions of the Act as they stood before August 1, 1956, and as they stand at present. I will first refer to the provisions of the Act, which were in force prior to August 1, 1956. Section 6 prescribed the maximum rent, which a landlord could recover. Sub -section (1) of Section 6 provided that the maximum rent payable by a tenant, in the case of an irrigated land, shall not exceed one -fourth, and in the case of any other land one -third, of the crop of such land or its value. Sub -section (2) of Section 6 empowered the State Government to provide for a lower rate of the maximum rent. Section 7 laid down that The rent payable by a tenant shall, subject to the maximum rate fixed under Section 6, be the rent agreed upon between such tenant and his landlord or in the absence of any such agreement the rent payable according to the usage of the locality or if there is no such agreement or usage, or where there is a dispute as regards the reasonableness of the rent payable according to such agreement or usage, the reasonable rent. Section 12 empowered the Mamlatdar to determine the reasonable rent. For this purpose, an application had to be made to the Mamlatdar either by the tenant or by his landlord. Clause (g) of Section 70 provided that one of the duties and functions to be performed by the Mamlatdar shall be 'to decide what is the reasonable rent under Section 12''. All these provisions of the Act were repealed with effect from August 1, 1956, when the Bombay Tenancy and Agricultural Lands (Amendment) Act (Act No. XIII of 1956) came into force. Section 8 of the Act as amended prescribes the maximum and minimum rates of rent. It states that the rent shall not exceed five times the assessment or Rs. 20 per acre, whichever is less, and shall not be less than twice such assessment. Sub -section (3) of this section states that If by custom, usage, agreement or the decree or order of a court, the amount of rent payable is less than the maximum or minimum specified in Sub -section (1), the amount so payable shall be the rent in respect of the land. Section 9 empowers the Mamlatdar to fix the rate of rent payable by a tenant for the lease of different classes of land situate in each village, or group of villages, or for any area in such village or group of such villages,Sub -section (1) of Section 9A states that The rent payable by a tenant shall, subject to the maximum and minimum. fixed under Section 8, be the rent at the rate fixed under Section 9 in respect of the class of land to which the land held by the tenant belongs. Section 9C provides that Until the rent is fixed in accordance with the provisions of the preceding sections, a tenant shall, subject to the maximum provided under Section 8, be liable to pay to the landlord the rent at the rate at which it was payable immediately before the commencement of the Amending Act, 1955. Section 43B provides that, in the case of any land to which Section 43A applies, the rent payable shall be reasonable rent as determined by the Mamlatdar under this section. Clause (1) of the section states that A landlord or a tenant of such land may make an application in writing to the Mamlatdar for the determination of the reasonable rent in respect of suchland. Section 70 of the Act states that For the purposes of this Act, the following shall be the duties and functions to be performed by theMamlatdar - (c) to determine the rates of rent under Section 9,... (ma) to determine what is reasonable rent under Section 43B;. (me) to direct the payment of rent determined under this Act or the arrearsthereof. Section 85 provides that No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar....

(3.) AS , therefore, the power to direct the payment of rent due for the period subsequent to August 1, 1956, is given to the Mamlatdar, the civil Court's jurisdiction to give such direction is ousted by Section 85 of the Act. Consequently, no civil suit can lie for the recovery of rent, which is due for the period subsequent to August 1, 1956. Such rent can only be recovered by an application to the Mamlatdar under Section 71 read with Clause (me) of Section 70 of the Act.