KESHAV GAMAN Vs. BAI RUKHAIYABIBI

JUDGEMENT

(1.) THIS is a tenant's petition under Article 227 of the Constitution of India and it arises under the following circumstances.

(2.) OPPONENT No. 1 to this petition is the owner of four pieces of land bearing survey Nos. 133, 134, 140 and 141 situate at Palod in the Mangrol taluka, of which the present petitioner is the tenant. On 10-3-1952 the first opponent as the land-lady issued a notice to the applicant-tenant terminating his tenancy with effect from 31-3-1953 on the ground of bona fide personal cultivation under Section 34 of the Bombay Tenancy and Agricultural Lands Act, 1948. As the notice was not complied with, the first opponent filed against the applicant an application for possession of the suit lands on 4-4-1953. This application was rejected by the Mamlatdar on 10-11-1953, holding that the name of the land-lady i. e. , the first opponent was net entered in the record of rights on 1-1-1952. From this order an appeal was preferred before the Prant Officer, who confirmed the order of the Mamlatdar, holding that the land-lady's name did not stand in the record of rights as an occupant on 1-1-1952. The ease was then taken in revision before the Bombay Revenue Tribunal.

(3.) NOW, it would appear that the Bombay Tenancy and Agricultural Lands Act, 1948 was amended by Act XXXIII of 1952, and Section 34 stood amended from 12-1-1953. The provision by whirl) Section 34 was amended is contained in Section 8 of the amending Act. Section 8 of the amending Act made important changes in Section 34 as it originally stood. A new provision was added to Section 34 (2) (b) and the provision is in the following terms :