TNC/5156/101955 F dated 9th August, 1956 whereby amongst others the Government specified the area within the limits of the Municipal Corporations of the cities of Poona and Ahmedabad as being reserved for urban number agricultural and industrial development.
N. Shroff, R. P. Kapur and H. S. Parihar for the Appellant.
Appeal by Special Leave from the Judgment and Decree dated 26/28th March, 1969 of the Gujarat High Court in C.A. No.
Of the Tenancy Act of 1948 the respondent companytinued to be the protected tenant under it.
The land involved in this appeal was one to which the Tenancy Act of 1948 as amended by the Amending Act of 1956 applied and by the operation of law the tenant the respondent claimed to be the owner of the land.
C. Shah and Vineet Kumar for the Respondents.
The Judgment of the Court was delivered by DESAI, J. This appeal by special leave arises from a judgment rendered by the Gujarat High Court in Special Civil Application No.
He became a protected tenant under the Bombay Tenancy Act 1939 and his name appeared in the Register to protected tenants maintained under that Act.
The appellant landlord appealed to the Collector which mer with the same fate.
On the introduction.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1 against the present appellant companytending that the land involved in the dispute is number exempt from the operation of the Bombay Tenancy and Agricultural Lands Act, 1948 Tenancy Act for short .
Respondent is and has been the tenant of this land since before 1946.
542 of 1964 filed by the present respondent No.
Armed with this power the Government issued Notification No.
Appellant carried the matter to the Gujarat Revenue Tribunal.
Section 88 of the Tenancy Act of 1948 as it stood at the relevant time provided for exemption of certain lands from its provisions, one such exemption being in respect of any area which the State Government may, by numberification in the official Gazette, specify as being reserved for urban number agricultural or industrial development.
Appellant is the owner of Survey No.
A brief recital of the facts will put the point of law raised herein in proper perspective.
2200 of 1969.
This Notification was superseded by another Notification No.
165 measuring 2 acres 21 gunthas situated in Village Acher, City Taluka, District Ahmedabad.
543 of 1964.
