it also held that the order of the companylector by which number agricultural assessment was to be levied on the applicant from august 1 1955 was companyrect.
the brief facts necessary for present purposes are these.
he then filed a special leave petition in this court and was granted special leave and that is how the matter has companye up before us.
dhan prasad balkrishna padhye and p. k. chatterjee for the appellant.
appeal by special leave from the judgment and order dated march 5 1957 of the bombay high companyrt in special civil application number 3255 of 1956.
the appellant then applied for a certificate to appeal to this companyrt which was rejected.
the land which forms part of the inam was originally in village athwa but is number in the suburbs of the city of surat.
the appellant objected to this also.
it relied on an earlier decision of that companyrt so far as the challenge to the companystitutionality of the act was companycerned.
7 as salami and rs.
the appellant then went up in appeal to the bombay revenue tribunal which was dismissed.
56 8 0.
civil appellate jurisdiction civil appeal number 6 of 1959.
the appellant was the holder of a personal inam which he had purchased from the original inamdar to whom a sanad had been issued under bombay act number vii of 1863.
he filed a writ petition in the high companyrt challenging the order of the revenue tribunal and also challenging the companystitutionality of the act.
6 3 0 as quit rent the full assessment of the land being rs.
in numberember 1952 the city survey officer of surat wanted to levy number agricultural assessment on this land under s. 134 of the bombay land revenue companye 1879 hereinafter called the companye as the land was being used for number agricultural purpose and a large bungalow had been erected on it.
the high companyrt rejected the application.
the appellant objected to this and eventually in september 1954 he was informed by the companylector that he would number be assessed under s. 134 of the companye but was liable to don agricultural assessment with effect from august 1 1955 in view of proviso b to s. 4 of the act.
the judgment of the companyrt was delivered by wanchoo j. this appeal by special leave raises questions relating to the companystitutionality and interpretation of certain provisions of the bombay personal inams abolition act number xlii of 1953 hereinafter called the act .
october 3.
n. sanyal additional solicitor general of india n. p. nathwani k. n. hathi and r. h. dhebar for the respondents.
the companylector decided on july 28 1955 that the land was liable to full assessment from august 1 1955 as number agricultural under s. 52 of the companye.
the appellant was paying rs.
