SASHIBHUSAN PATI Vs. MANGALA BISWAL

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution for a declaration that the provisions of the Orissa Tenants Protection Act, 1948 (Orissa Act 3 of 1948) are void as being inconsistent with the fundamental rights guaranteed Hinder the Constitution and that proceedings under that Act pending in the Court of the Second Officer, Russelkonda, in Misc. Petition No. 38 of 1950 are without jurisdiction.

(2.) THE petitioner claims to be the owner of about 22 acres of agricultural land in Canjam district. He alleged that formerly he allowed the opposite party to cultivate about five acres of his land; but as the latter defaulted in payment of rent he evicted him as early as 1946 and took over the cultivation of the said land through his farm servants. In January 1948, the Orissa Legislative Assembly passed, an Act entitled the Orissa Tenants Protection Act, 1948, which having been assented to by the Governor -General, came into force in all the districts of the old Province of Orissa, except Sambalpur, on 14 -2 -1948. It was alleged by the petitioner that taking advantage of some of its provisions, the opposite party filed a petition (M. P. No. 35 of 1949) in the Court of the Second Officer, Russelkonda, requesting that Revenue Officer to allow him to remain in possession ofthe said lands. When notice of that application was served on the petitioner he entered appearance before the said Revenue Officer and urged that the provisions of the O. T. P. Act became void after the advent of the Constitution. The Second Officer of Russelkonda while rejecting the contention of the petitioner observed :

(3.) IMMEDIATELY above the raiyats were a class of tenants known as 'tenure -holders' (practically unknown in South Orissa) who acquired the right to hold land for the primary purpose of settling tenants and collecting rents from them. Most of their lands were held by raiyats who paid cash or produce rent to them; but some of their lands were in their khas possession and these were known as Nij -jote or Nijchas. These lands also were usually sub -let to Bhag -chasis who actually cultivated the same and gave half the gross produce as rent to the tenure -holders.