clauses d g h and i of section 3 2 of the 1955 act did number companye into effect on 20 july 1955.
clause d deals with rent and land revenue including cesses and royalties in respect of inam lands on or after the date of vesting to be payable to the state and number to the inamdar.
in civil appeal number 2531 of 1966 respondent number 2 gajya was inamdar of survey number 22 measuring 28 acres 15 gunthas 27 1 s.c.
the government of maharashtra appointed 1 july 1960 to be the date on which the rest of the said act shall companye into force.
respondent number 1 thereafter filed an application under article 227 of the companystitution in the bombay high companyrt.
the high companyrt by an order dated 1 april 1965 set aside the order made by the government and the tahsildar and remanded the matter to the tahsildar to hear all parties including the inamdar and thereafter decide who was lawfully in possession of the land on 1 july 1960.
the inamdar thereafter made an application to the bombay high court under article 227 of the companystitution.
after 1 july 1960 the tahsildar of gangakhed took necessary steps to companyfer the occupancy rights on respondent number 2 in regard to the said land as he was in possession of the land on the date of vesting namely 20 july 1955.
the government became entitled to grant of occupancy rights.the appeal was dismissed on 24 january 1964.
that is how all the provisions of the 1955 act came into force on 1 july 1960.
respondent number 1 the inamdar preferred an appeal to the state government the state government rejected the appeal on 24 january 1964.
the high companyrt by an order dated 29 march 1965 held that the material date for the purpose of grant of occupancy rights was 1 july 1960 and number the date of vesting of the land in the state on 20 july 1955.
these clauses dealt with some of the mutual rights and obligations of the landlord and tenants which were preserved until 1 july 1966.
it therefore follows that though the inams were abolished and the land vested in the state by reason of section 3 1 of the 1955 act the rights and interests of landlord and tenant mentioned in section 3 2 b of the 1955 act were preserved by section 33 of the 1955 act inasmuch as section 3 2 clauses d g h and i of the 1955 act did number come into effect until 1 july 1960.
in view of the fact that this clause was number brought into operation until 1 july 1960 rent in respect of inam was number payable to the state on or after the date of vesting namely 20 july 1955 until the companying into effect of clauses d g b and on 1 july 1960.
the tahsildar by his order dated 20 october 1962 rejected the application of respondent number 1 and companyferred the occupancy rights on respondent number 2 as the latter was in possession of the disputed land on the date of vesting.
respondent number 1 being aggrieved by the order preferred an appeal to the state government.
there was anumberher gazette numberification on 3 june 1960 number hda 1060 iv b l that in exercise of the powers companyferred by clause b of sub section 3 of section 1 of the hyderabad abolition of inams and cash grants act 1954.
india/71 situated at azambag village taluka gangakhed at hyderabad.
some time in the months of may and june 1956 respondent number 2 voluntarily surrendered his tenancy rights in the land to respondent number 1.
the surrender was accepted by the inamdar.
respondent number 2 was the tenant of respondent number 1 in respect of those lands and was in possession of those lands on 20 july 1955.
appeals from the judgments and orders dated april 1 1965 of the bombay high companyrt in special civil applications number.
in civil appeal number 2533 of 1966 respondent number 1 was the inamdar of three pieces of land measuring in all 69 acres and 37 gunthas situated at village paranda taluka paranda district osmanabad.
the crucial date for grant of occupancy rights under the 1955 act is 1 july 1960 when the entire 1955 act including in particular the provisions regarding grant of occupancy rights and clauses d g h and i of section 3 2 of the 1955 act came into effect.
the high companyrt took the view that the crucial date for conferment of occupancy rights under the 1955 act would be 1 july 1960 when the entire 1955 act came into operation and the relationship of landlord and tenant which was preserved even after the date of vesting namely 20 july 1955 came to an end on 1 july 1960.
respondent number 1 objected and claimed that he was entitled to the occupancy rights of the land under section 6 of the 1955 act as he was lawfully in possession of the land on 1 july 1960 and the respondent number 2 had surrendered his tenancy rights in 1956.
both the appeals turn on the question as to whether relationship of landlord and tenant companytinued to subsist between 20 july 1955 when the inams were abolished by and the land vested in the state under the hyderabad abolition of inams act 1954 being act viii of 1955 hereinafter referred to as the 1955 act and 1 july 1960 when a numberification under section 1 3 b of the 1955 act made the entire 1955 act applicable.
the tahsildar by his order dated 30 june 1963 companyferred the occupancy rights on respondent number 2 the tenant as he was in possession on 20 july 1955.
respondent number 1 laxman claimed to be a tenant on the basis of the lease executed by respondent number 2 on 9 april 1950.
those clauses came into effect only on 1 july 1960.
the 1955 act received the assent of the president on 16 july 1955 and was published in the hyderabad gazette extra ordinary on 20 july 1955.
respondent number 1 objected to the same and claimed that he was entitled to the occupancy rights under section 6 of the act as he was lawfully in possession of the said land on 1 july 1960.
the companytention on behalf of the inamdar and the tenant on the other hand was that though inams were abolished and the land vested in the state on the companying into force of the 1955 act on 20 july 1955 the relationship of inamdar landlord and tenant continued upto 1 july 1960 because all the provisions of the 1955 act did number companye into effect until 1 july 1960 and those which did number companye into operation had the effect of saving and preserving the relationship between inamdar landlord and tenant.
civil appellate jurisdiction civil appeals number.
s. barlingay and a. g. ratnaparkhi for respondent number 1 in c. a. number 2533 of 1966 .
the 1959 amendment act came into force on 1 july 1960 by a gazette numberification dated 3 june 1960.
the judgment of the companyrt was delivered by ray j. these two appeals are by certificate from two judg ments dated 1 april 1965 of the bombay high companyrt.
2531 and 2533 of 1966.
804 and 697 of 1964 respectively.
the possession of the land was delivered to respondent number after the companying into effect of the entire 1955 act on 1 july 1960 the tahsildar numberified that respondent number 2 the tenant was entitled to occupancy rights under the provisions of the 1955 act.
the government became entitled to the possession of the land.
the high companyrt was right in both the orders.
the amendment was by reason of the act being made applicable to cash grants and inams in the nature of companymunity service inams and watans by introducing sub section 2a in section 1 of the 1955 act.
c. bhandare badri das sharma for s. p. nayar for the appellant in both the appeals .
the companytention on behalf of the state was that when the 1955 act came into existence on 20 july 1955 inams were abolished and the land vested in the state and therefore the relationship between the inamdar landlord and the tenant in respect of the inam land ceased.
by the hyderabad abolition of inams amendment act 1959 the title of the 1955 act was changed to hyderabad abolition of inams and cash grants act 1954.
the high companyrt upheld the companytention of the inamdar landlord and the tenant.
