NIRANJANSHING Vs. BHAGATRAI

JUDGEMENT

(1.) OPPONENT No. 1 (hereinafter referred to as the opponent) was the inamdar of the lands in dispute survey Nos. 65 and 66. This inam was abolished by the Hyderabad Abolition of Inams and Cash Grants Act 1954 (hereinafter referred to as the Act) with effect from 20-7-1955. The lands were then in possession of the Court Receiver who had been appointed in a suit between the opponent and some other persons. The possession of the lands was restored to the opponent some time in 1956. At that time there was no tenant on the lands. On 5-4-1957 the opponent leased the lands to the petitioner. On 6-9-1961 the petitioner made an application to the Tahsildar that he should be recognised as having become the occupant of the lands under Section 6 of the Act. The Tashildar held an enquiry. He was of the opinion that as the opponent was in possession of the lands in 1955, he was entitled to occupancy rights. He therefore, rejected the application made by the petitioner. Against this order the petitioner appealed to the State Government, but Government declined to interfere with the order made by the Tahsidar. Thereafter the present application was filed.

(2.) IT has been urged by Mr. Kurdukar, the learned advocate for the petitioner, that as the petitioner was in possession of the lands as a tenant on 1-7-1960, he is entitled to occupancy rights in the lands under Section 6 of the Act. Mr. Guttal, who appears on behalf of the opponent, has on the other hand contended that no tenancy could have been created by the opponent in favour of the petitioner in 1957 when the lands were leased to the petitioner and that consequently the petitioner cannot be said to have been in possession of the lands as a tenant on 1-7-1960.

(3.) SECTION 5 and 6 of the Act, which deal with the grant of occupancy rights in an inam land, came into force on 1-7-1960. It has therefore, been held by a Full Bench of this High Court in Dattatrava Sadashiv v. Ganpati Raghu (1965) 67 Bom LR 521 that the material date for determining who is entitled to the rights of an occupant is 1-7-1960 and not 20-7-1955. The section applicable in the present case is Section 6. Sub-section (1) of Section 6 states that in the case of an occupied land comprised in an inam other than land to which the provisions of Section 5 apply: " (a) Where such land is in the possession of the inamdar, or kabiz-e-kadim or of a permanent tenant holding from the inamdar, then such inamdar, kabiz-e-kadim, permanent tenant or tenant shall, in respect of the land which is in his possession, be primarily liable to the State Government for the payment of land revenue and shall, subject to the provisions of sub-sections (2), (3), (4) and (5), be entitled to all the rights and be liable to all the obligations as an occupant in respect of such land under the Land Revenue Act, 1917 Fasli and the rules made thereunder," Under this section the petitioner will therefore, be entitled to occupancy rights if he was in possession of the land as a tenant on 1-7-1960.