NOORMAHAMMAD RAHIMUTALLAH Vs. UNDRYA GOMA

JUDGEMENT

(1.) THIS judgment will also govern Second Appeal No. 105 of 1954.

(2.) THESE two second appeals arise out of two suits instituted by the plaintiff -appellant for possession of certain sites situate in a former Izara village which were leased by him to respondent No. 1 in each of the two appeals or their predecessors -in -interest.

(3.) IT seems to me that the argument of Shri Abhyankar is mis -conceived. The meaning of the portion which is italicized by me is not that every site situate within the limits of a village shall continue to be in possession of the out -going proprietor provided it belonged to him or was held by him on the date of vesting. This portion has to be read along with the rest of Clause (a) of Section 5. If the whole of Clause (a) is read together, it would be apparent that the portion italicized governs all that precedes it. If the clause were not read together then it will be taken to be incomplete as to the location of the particular kinds of properties which are referred to in the earlier part of the clause. Again, if the interpretation of Shri Abhyankar were to be accepted there will be no propriety in saying specifically that all open house -sites purchased for Consideration shall be settled with the ex -proprietor because even such sites would be included within the kind of property dealt with in the portion italicized as interpreted by. Shri Abhyankar. The proper way to read the section would, in my opinion, be this: An out -going proprietor or any other person shall continue to own or to hold 'all open enclosures.places of worship' situate within the limits of the village -site, belonging to or held by the out -going proprietor or any other person on the date of vesting, and that such person shall be entitled to have 'the land thereof etc'. settled with him by the State Government on such terms and conditions as it may determine. The expression 'village -site' has been defined in Section 2(q). The relevant portion of the definition reads thus: village site means (i) . (ii) . (iii) in relation to Berar, an area reserved at the time of settlement for the residence of the inhabitants or for purposes ancillary thereto. It would, therefore, be clear that the property of which ownership or possession was intended to be continued with the out -going proprietor should, in the first instance, be situate within the limits of a village site, secondly, it should belong to or be held by the out -going proprietor or other person on the date of vesting and, thirdly, it should be either an open enclosure used for agricultural or domestic purposes, or open house -site purchased for consideration or a building, or a place of worship, or a well or tree standing on the land.