SANTU JOTI LAMDADE Vs. DAMODAR NARAYAN JAMNIS

JUDGEMENT

(1.) IN these two petitions which arise out of the proceedings under the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as 'the Act', questions about the validity of Section 6 of the Maharashtra Amendment Act X of 1977 which deleted Section 43D of the Act as also the interpretation of Section 6 of the said amending Act arise for consideration. Before we proceed to examine! the rival contentions it is necessary to mention the relevant facts in both the petitions which are not in dispute. Special Civil Application No. 3126 of 1975

(2.) IN this case the predecessor in title of respondent Nos. 1 to 12 was the landlord and the petitioner is the tenant of two Inam lands bearing Revision Survey Nos. 387/1 admeasuring 19 gunthas and Revision Survey No. 387/2 admeasuring 36 gunthas situate within the Municipal limits of Miraj, Taluka Miraj, District Sangli. On the death of the original landlord, respondent Nos. 1 to 12 have become the owner -landlords of the said lands. Respondent Nos. 1 to 6 served on the petitioner a notice dated February 19, 1959, under Section 43D of the Act terminating his tenancy on the ground that they required the lands bonafide for a non -agricultural purpose. After thus terminating the tenancy on November 28, 1959, respondent Nos. 1 to 6 filed Tenancy Application No. 321 of i960 in the Court of the Tehsildar for possession of the said lands. The tenant inter alia contended that the notice of termination of the tenancy was not legal and also that the landlords did not bonafide require the lands for a non -agricultural purpose as alleged by them. By his order dated September 30, 1971, the Tehsildar allowed the application and directed delivery of possession of the lands to the respondent Nos. 1 to 6. Aggrieved by this order the petitioner preferred Tenancy Appeal No. 81 of 1972 before the Spl. Deputy Collector who by his order dated October 9, 1973. partly allowed the appeal, holding that the notice of termination of tenancy was not signed by the respondent No. 6 and he was not entitled to possession of his I/6th share in the lands. The petitioner's appeal regarding the remaining 5/6th share in the said lands, however, was dismissed. The order in appeal was challenged by the petitioners in Revision Application bearing Revision Application No. 299 of 1973 before the Maharashtra Revenue Tribunal. By its order dated June 29, 1974, the Tribunal rejected the Revision Application. Thus according to the orders passed in these proceedings the landlords are entitled to get possession of 5/6th share in the said lands. Aggrieved by the order of the Revenue Tribunal, the petitioner - tenant has filed this Writ Petition under Article 226 read with Article 227 of the Constitution. It is common ground that the landlords in whose favour the Revenue authorities have passed an order for delivery of possession have not yet executed the order and the tenant continues to remain in possession. Special Civil Application No. 2967 of 1978

(3.) BEFORE we proceed to examine the contentions urged on behalf of the landlords by their respective counsel, it would be necessary to note the scheme of the Act as it stood' prior to the coming into force of the Amendment Act X of 1977 and its effect on its application on its coming into force. By the amending Act No. XIII of 1956 the Tenancy Act which was then in force in the Bombay State was drastically amended and certain rights of ownership in the tenanted land were conferred on the tenants and the landlords were given opportunity to terminate the tenancy on certain specified grounds. Under Section 32 it has been inter alia provided that on the first day of April 1957 referred to as 'the tillers' day' every tenant shall, subject to the provisions of the next succeeding sections, be deemed to have purchased from his landlord, free of all encumbrances subsisting thereon on the said day, the land held by him as tenant. It is not necessary for our purpose to mention the various contingencies under which this right of the tenant gets defeated. Section 31 provides for right to the landlord to terminate the tenancy for personal cultivation and non -agricultural use and except in the case of minors and widows and persons under disability the right has to be exercised within the prescribed period i.e. before March 31, 1957, by making an application to the Tehsildar for possession on the ground that he bonafide required the land either for cultivating the land personally or for any non -agricultural purpose. Then there are certain provisions putting further restrictions even on the establishment of his bonafides by the landlord. For example, the termination can be only to the extent of half of the land and there are provisions relating to 43C. Nothing in Sections 32 to 32R (both inclusive) 33A, 33B, 33C and 4? shall apply to lands in the areas within the limits of -