MANABAI HARI BOBDE Vs. RAMCHANDRA DAMA BOBDE

JUDGEMENT

(1.) THIS judgment will also govern Special Civil Application No. 36 of 1958.

(2.) A common point of law arises in both these petitions and that is whether the word 'transfer' as used in Sub -section (9) of Section 9 of the Berar Regulation of Agricultural Leases Act, 1951, includes 'partition'. Sub -section (1) of Section 9 provides that a landholder can terminate the lease of a protected lessee by giving him a notice in writing and by following the procedure laid down in Section 8 of the Act.

(3.) IN Special Civil Application No. 36 of 1958, the facts are as follows: Petitioner No. 1 Janardan along with his brother, father and some other persons formed a joint Hindu family. By a registered partition deed executed on October 11, 1953, the family property was partitioned at which Section Nos. 77/1 and 79 situate at mauza Anjanwati, taluq Chandur, district Amraoti, were allotted to his share in addition to some other property. Respondent No. 1 was a protected lessee of these fields. Petitioner No. 1 wanted to bring under cultivation those fields and, therefore, he gave a notice to respondent No. 1 under Section 9(1) of the Act terminating his lease. Thereupon, respondent No. 1, made an application under Section 9(3) challenging the bona fides of the notice. His application was rejected on July 17, 1954. It was, however, granted by the Bombay Revenue Tribunal on the ground that petitioner No. 1 had acquired the fields by transfer subsequent to August 1, 1953, by a partition and that he was, therefore, not entitled to terminate the lease.