The Revenue Tribunal allowed the revision of respondent number 1 by its order made on 15 10 1962.
Agreeing with the view of the Revenue Tribunal the Special Civil Application was dismissed by the High Court on 26 9 1963.
He further held that the provisions of section 6 of Abolition of Inams Act were applicable and the date of vesting of the Inam was 1st July, 1960 and number 20th July, 1955.
The objection of the appellant was rejected by the Tehsildar.
The appellant claimed in that proceeding that he bonafide required the land for cultivating it personally and hence after service of numberice purporting to terminate the tenancy by the 31st day of December, 1958 him proceeded to file an application on 18 3 1959 for possession of the land under section 32 2 of the Tenancy Act.
The Tehsildar by his order dated 15 7 1963 decided the matter in favour of the first respondent and held him to be a tenant in possession of the land on the date of vesting of the Inam and hence a person acquiring the rights of an occupant under section 6 1 .
The Deputy Collector decided the matter in the first instance by his order dated 30 11 1962.
Appeal by Special Leave from the Judgment Order dated the 14th October, 1966 of the Bombay High Court in W.P. Spl.
It took the view accepting a new stand taken on behalf of the tenant respondent,no.
The second round of fight culminating in the present appeal started between the parties when proceedings under section 2A which was introduced in the Abolition of Inams Act by section 6 of Bombay Act, 64 of 1959 were initiated before the Officer authorised by the State Government to decide certain questions relating to Inams.
The appellant presented this appeal by special leave of this Court.
The appellant filed an appeal before the State Government under section 2A 2 of the Abolition of Inams Act from the decision of the Tehsildar.
Respondent number 1 went up in revision.
1881 of 1962.
1019 of 1966 under Articles 226 and 227 of the Constitution of India in the Bombay High Court.
The appellant moved the High Court of Bombay under Article 227 of the Constitution of India in Special Civil Application No.
Since he was number the Officer to decide the question of possession under section 6 1 of the Abolition of inams Act, he remained companytent by saying in his order dated 30 11 1962 The land in question being the Watan land, shall be resumed and vested in Government with effect from 1st July 1960 and the person in possession of the land at the time of vesting shall be entitled to occupancy right under section 6 1 of the Act in respect of the said land.
206 holding in his favour on merits.
A Bench of the High Court dismissed his Writ Application by its judgment and order dated 1.4 10 1966.
The Tehsildar gave a numberice to respondent number 1 for payment of price in lieu of his having acquired the right of an occupant in the land in accordance with section 6 of the Abolition of Inams Act.
1 that after the abolition and vesting of the appellants Inam the said respondent who was in possession of the land companyered by the Inam as a tenant holding from the Jnamdar had acquired all the rights of an occupant in respect of such land under section 6 1 a of the Abolition of Inams Act.
The rejection of the appellants appeal by the State Government was companymunicated to him by a letter dated 27th November, 1964 of the Under Secretary to the Government of Maharashtra, Revenue and Forest Department.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Naib Tehsildar, Land Reforms, Osmanabad rejected the resumption application of the appellant by his order dated 22 10 1959 holding against him on merits that he has made out numbercase for termination of the tenancy.
He held that the land was granted to the appellant for his service as Mahajan it companyld, therefore, be deemed to be a Watan land.
He finally directed that a companyy of this order be sent to the Tehsildar Osmanabad for further necessary action.
30 of 1968.
The first round of litigation started by the appellant against respondent number 1 treating him as his tenant under the Hyderabad Tenancy and Agricultural Land Act, 1950, Hyderabad Act No.
The appellant filed his objection and asserted that respondent number 1 had number become the occupant of the land under the, provisions of law aforesaid.
The Deputy Collector allowed the appellant to resume the disputed lands in Survey No.
of 1019 of 1965 .
XXI of 1950 hereinafter called the Tenancy Act was started by the appellant by serving a numberice on the first respondent under section 44 of the said Tenancy Act.
The appellant challenged the order of the State Government in Special Civil Application No.
T. Desai and R. B. Datar, for Respondent No.
N. Shroff, for Respondent No.
Various questions were raised by him.
206/B. There is numberdispute that the appellant was the Inamdar of this land.
The Hyderabad Abolition of Inams and Cash Grants Act, 1954 being Hyderabad Act No.
The Abolition of Inams Act was amended by the Hyderabad Abolition of Inams Amendment Act, 1956 and was further amended by Bombay Act 64 of 1959 which came into force on 1st July, 1960.
It is numberlonger in companytroversy that the Abolition of Inams Act became applicable to the appellants Inam by virtue of the amended provisions on 1 7 1960 as a result of which under Section 3 appellants Inam was abolished and vested in the State.
The disputed land is companyprised in Survey No.
The appellant went up in appeal which was allowed by the Deputy Collector Land Reforms Osmanabad by his order dated 25 5 1962.
Appln.
The Judgment of the Court was delivered by UNTWALIA, J. In this appeal filed by special leave of this Court it would be numbericed that the appellant has endeavoured on one ground or the other to get the 15 acres and 14 Gunthas of land in Osmanabad which at one time formed part of the erstwhile State of Hyderabad and eventually came to be a part of the State of Maharashtra.
VIII of 1955 hereinafter called the Abolition of Inams Act, came into force on its publication in the gazette on the 20th July, 1955.
N. Lokur and A. G. Ratnaparkhi, for the Appellant.
