NIVRUTHI LAXMAN KONDOBAHIRI Vs. SHIVDAYAL LAXMINARAYAN SARDA

JUDGEMENT

(1.) The question referred to the Full Bench is whether, under the provisions of the Bombay tenancy and Agricultural Lands Act, 1948, the Mamlatdar can entertain and decide and decide an application filled by a landlord for a declaration that his opponent, who claims to be his tenant, is not a tenant under the said Act.

(2.) There is no specific provision in the Act providing for such an application being made to the Mamlatdar, Section 70, however provides:

(3.) It follows that an application for a declaration that a person is a tenant can lie before the Mamlatdar. This view finds support in the provisions of Ss. 4 and 74 of the Act. Section 4 provisions that a person lawfully cultivating any land belonging to another person shall be deemed to be a tenant except in the cases specified in the section. this section does not, however, contain any provision for an application to the Mamlatdar, for declaring a person to be a tenant sub section (1) of section 74 provides that an appeal may be filed to the collector against an order of the Mamlatdar made under section 4 and the Mamlatdars making an order upon it. The necessary inference therefore is that the Mamlatdar is competent to entertain an application for a declaration that a person is a tenant.