SAKHARAM ALIAS BAPUSAHEB NARAYAN SANAS Vs. MANIKCHAND MOTICHAND SHAH

JUDGEMENT

(1.) The only question for determination in this appeal is whether the defendants-appellants are 'protected tenants' within the meaning of the Bombay Tenancy Act (Bombay Act XXIX of 1939) which hereinafter will be referred to for the sake of brevity, as the Act of 1939), whose rights as such were not affected by the repeal of that Act by the Bombay Tenancy and Agricultural Lands Act (Bombay Act LXVII of 1948) which hereinafter will be referred to as the Act of 1948). The Courts below have decreed the plaintiff's suit for possession of the lands in dispute holding that the defendants were not entitled to the protection claimed by them as 'protected tenants.' This appeal is by special leave granted by this Court on April 4, 1955.

(2.) The facts of this case are not in dispute. Shortly stated, they are as follows. By virtue of a lease dated October, 30, 1939, the defendants obtained a lease of the disputed lands from the plaintiff for a period of 10 years, expiring on October 30, 1949. The lands in dispute have been found to lie within two miles of the limits of Poona Municipality. The landlord gave notice on October 22, 1948, terminating the tenancy as from October 30, 1949. As the defendants did not vacate the land, in terms of the notice aforesaid, the plaintiff instituted the suit for ejectment in the Court of the Civil Judge, Junior Division at Poona in Civil Suit No. 86 of 1950. The Act of 1939 became law on March 27, 1940, but the Act was applied to Poona area with effect from April 11, 1946. Under S. 3 of the Act, a tenant shall be deemed to be a 'protected tenant' in respect of any land if he has held such land continuously for a period of not less than six years immediately preceding either the first day of January, 1938 or the first day of January 1945 (added by the Amending Act of 1946) and has cultivated such land personally during the aforesaid period. It is not disputed that the defendants-appellants became entitled to the status of 'protected tenants' as a result of the operation of the Act, as amended by the Bombay Tenancy (Amendment) Act, 1946 (Bombay Act XXVI of 1946), and under S. 3A (1) the defendants were deemed to be Protected tenants' under the Act and their rights as such were recorded in the Record of Rights. Sections 3 and 3A(1), aforesaid, are set out below -

(3.) The Act of 1948, by S. 2 cl. (14) prior to its amendment by Bombay Act XIII of 1955, provides that "'protected tenant' means a person who is recognised to be a protected tenant under 5. 31". Section 31 runs as follows: