BIJAI LAXMI TRADING CO Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against the appellate order of the Collector Ganga-nagar dated 30. 9. 1957 upholding the decision of the Assistant Collector in a case relating to non-accrual of Khatedari rights under sec. 15a of the Rajasthan Tenancy Act, 1955. |

(2.) WE have heard the learned counsel for the parties and have examined the record as well. Sec. 15 of the Rajasthan Tenancy Act as it originally stood provided that subject to the provisions of sec, 16 every person who at the commencement of this Act is a tenant of land otherwise than as a sub-tenant or a tenant of Khud Kasht or is admitted as a tenant after the commencement of the Act shall be entitled to all the rights conferred and be subject to all the liabilities imposed on Khatedar tenants by the Act. A proviso was added to the section laying down that no Khatedari right shall accrue under this section to any tenant to whom land is or has been let out temporarily in Gang Canal, Bhakra, Chambal and Jawai Project areas or any other area notified in this behalf by the State Government. Subsequently a notification was issued by the Government in may, 1956, whereby it was notified that no Khatedari rights shall accrue under sec. 15 to any tenant to whom land is or has been let out temporarily in the Rajasthan Canal Area. Thereafter the Rajasthan Tenancy (second amendment) Bill, 1957, was introduced in the legislature. In the statement of objects and reasons it was pointed out that in the proviso to sec. 15 (1) of |the Rajasthan Tenancy Act the Rajasthan Canal was left out through an oversight; that in exercise of the powers conferred by this proviso the State Government issued a notification in May, 1956, declaring that no Khatedari rights shall accrue under sec. 15 to any person to whom the land is let out in the Rajasthan Canal area. It was, therefore, proposed to insert a new section in the Act to provide that all leases of land in the Rajasthan Tenancy Act shall be deemed to be temporary leases. This bill was first issued as on Ordinance No. II of 1958 on the 15th January, 1958 Sec. 15a of the Ordinance lays down that notwithstanding anything contained in sub-sec. (1) of sec. 15 or any other law for the time being in force or in any lease, patta or other document any land in the Rajasthan Canal area leased out on or after the commencement of this Act on any terms whatsoever shall be deemed to have been let out temporarily Within the meaning of the proviso to the said sub-section and no Khatedari rights shall accrue or shall be deemed ever to have accrued in any land leased out as aforesaid. This Ordinance was replaced by the Rajasthan Tenancy Amendment Act No. VI of 1958 which received the assent of the Governor on 7th March, 1958, sec. 5a remaining the same in the Ordinance and the Act.