O. Chinnappa Reddy, J. - (1.) A plot of land in Survey No. 598 of Belgaum measuring 150 ft.x 90 ft. was leased by the father of the appellants to the respondents in about the year 1947 on annual rent. The lease was for the purpose of storing timber etc. The land was watan land attached to the office of Patil. The appellants' father died in 1956. In 1961 the appellants filed a petition before the Assistant Commissioner, Belgaum for restoration of the land to them as the lease in favour of the respondents by their father was determined on the death of their father. The Assistant Commissioner by his order dated December 18, 1962, allowed the petition and directed restoration of possession of the land to the appellants. An appeal preferred to the Deputy Commissioner, Belgaum and a further appeal to the Mysore Revenue Appellate Tribunal were dismissed. The respondents filed Writ Petition No. 2427 of 1966 in the High Court of Mysore. The High Court allowed the Writ Petition, holding that the respondents were protected by the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
(2.) Shri V.N. Ganpule, learned counsel for the appellants raised two contentions before us:(1) The lease in favour of the respondents stood determined on the death of the father of the appellants in 1956 and the respondents were not tenants within the meaning of S. 5 (11) of the Bombay Rent Act. (2) In any case the land in question was not 'premises' as defined in Section 5 (8) of the Act and therefore, the provisions of the Bombay Rent Act were not attracted.
(3.) To appreciate the contentions raised by Shri Ganpule it is necessary to make a brief reference to the relevant provisions of the Bombay Hereditary Offices Act, 1874 and the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Section 5 (8) of the Bombay Rents, notes and loclging House Rates control Act, 1947, defines 'premises' as meaning:- (a) any land not being used for agricultural purposes, (b) any building x xx xxx Section 5 (11) defines 'tenant' as follows: "Tenant means any person by whom or on whose account rent is payable for any premises and includes, (a) and (aa) ********** (b) any person remaining, after the determination of the lease, in possession, with or without the assent of the landlord, of the premises leased to such person or his predecessor who has derived title before coming into operation of this Act. (c) ********** Section 5 (1) of the Bombay Hereditary Offices Act, 1874, is as follows:- "Without the sanction of the State Government, or in the case of a mortgage, charge, alienation, or lease of not more than thirty years, of the Commissioner it shall not be competent - (a) to a watandar to mortgage, charge, alienate or lease, for a period beyond the term of his natural life, any watan, or any part thereof, or any interest therein, to or for the benefit of any person who is not a watandar of the same watan; (b) to a representative watandar to mortgage, charge, lease or alienate any right with which he is invested, as such, under this Act".;