LALTHAW VENGA Vs. LUSHAI HILLS DISTRICT COUNCIL AND ANR.

JUDGEMENT

(1.) THIS Rule relates to a Writ petition filed by the petitioner challenging the validity of the Lushai Hills District (Reduction of Fathang) Act, 1953 - -Act III of 1953 - -passed by the District Council of the Lushai Hills (now known as Mizo Hills District) purporting to act under Para. 3 of the 6th Schedule to the Constitution of India.

(2.) THE petitioner challenges the validity of the legislation on the ground that it does not come under any of the 'Heads' for which the District Council is competent to legislate under the sixth schedule.

(3.) THE petitioner's case is that the impugned Act relates to rent payable by the tenant or the occupier of land to the Chief who is the sole proprietor of the land which the cultivator holds under him. The Act, it is contended by the counsel for the petitioner, comes under Entry 18 of Schedule II of the Constitution and it is only the State Government who could legislate on such matters, and not the District Council - -the purpose of the Act being to regulate the relations between the landlord and the tenant or to fix rent for agricultural tenants.