ABDUL RAHIMAN JAMALUDDIN Vs. VITHAL ARJUN

JUDGEMENT

(1.) THE petitioner challenges by this application the vires of Section 34 (2a) (1) of the Bombay Tenancy and Agricultural Lands Act, 1948, as amended by Section 8 (3) of Bombay Act 33 of 1952.

(2.) THE facts which give rise to the petition may be set out: The lands in dispute are Section NOS. 13 and 21 of the village of Purar and belong to the petitioner Abdul Rahiman Jamal-uddin Hurjuk. The first respondent is a protected tenant of these lands. The petitioner filed Tenancy Application No. 29 of 1954-55 in the Court of the Mamlatdar of Mangaon, District Kolaba, for an order against the first respondent for possession under Section 29 (2) read with Section 34 (l) (i) of the Bombay Tenancy and Agricultural Lands Act, 1948, alleging that the petitioner had a large family and that the income derived as rent from his other lands was not adequate for the maintenance of the members of his family and that he wanted the suit lands for personal cultivation. The petitioner submitted that he had terminated the tenancy by serving one year's notice upon the first respondent as required by law.

(3.) THE application was resisted by the first respondent. He claimed that he as a protected tenant of the lands, that the name of the petitioner was not entered in the Record of Eights on 1st January 1952 as Kabjedar and the petitioner could not sue for possession, that the lands were not required bona fide for personal cultivation by the petitioner, that the tenancy was not terminated by notice as required by law, and that in any event the notice was invalid.