1965 (8) TMI 76 - SC - Indian Laws

Whether the appellant was a tenant or a protected tenant on the merits? Held that - The view taken by the High Court in the judgment under appeal that s. 88 (1) (a) is an express provision which takes away the interest of protected tenants under the 1939-Act must be held to be correct. So far as the argument based on s. 88-B is concerned, it IS enough to say that we agree with the High Court that section will not protect the appellant for his lease had already been determined before the section came into force on April 1, 1956. Besides it may be observed that s. 4-A which takes the place of s. 31 after the amendment of 1956 still does not apply to a case of lands held on lease from a local authority and therefore what we have said with respect to s. 31 will equally apply to s. 4-A and the appellant cannot claim the benefit of that section and contend that he is a protected tenant under the 1939-Act and therefore cannot be ejected. Appeal dismissed.

Summary

Issues Involved:
1. Applicability of the Bombay Tenancy Act, 1939 and the Bombay Tenancy and Agricultural Lands Act, 1948.
2. Status of the appellant as a protected tenant.
3. Interpretation and inter-relation of sections 31, 88, and 89 of the 1948 Act.
4. Impact of section 88-B of the 1948 Act.
5. Validity of the High Court's decision under Article 227 of the Constitution of India.

Detailed Analysis:

1. Applicability of the Bombay Tenancy Act, 1939 and the Bombay Tenancy and Agricultural Lands Act, 1948:
The appellant took on lease two survey numbers from the respondent, Sholapur Borough Municipality, on April 1, 1946, for three years. The Bombay Tenancy Act, 1939 (1939-Act) was applied to this area on November 8, 1946. The 1939-Act was repealed in 1948 by the Bombay Tenancy and Agricultural Lands Act, 1948 (1948-Act). Section 31 of the 1948-Act stated that a person shall be recognized as a protected tenant if deemed so under sections 3, 3-A, or 4 of the 1939-Act. However, section 88 of the 1948-Act provided that nothing in the foregoing provisions shall apply to lands held on lease from a local authority.

2. Status of the appellant as a protected tenant:
The appellant claimed to have become a protected tenant under the 1939-Act since the respondent did not file a suit within one year. The respondent gave notice to the appellant on May 2, 1955, terminating the tenancy effective March 31, 1956, and subsequently filed suit No. 42 of 1957 for possession of the lands. The suit was dismissed as the appellant was entitled to the benefit of the 1948-Act. However, the respondent appealed, leading to a compromise where the suit was remanded to the trial court, pending a decision by the Mamlatdar. The Mamlatdar declared the appellant a tenant under section 70(b) of the 1948-Act, but the Collector overturned this, stating the Mamlatdar had no jurisdiction. The Bombay Revenue Tribunal remanded the matter to the Collector for a decision on the merits.

3. Interpretation and inter-relation of sections 31, 88, and 89 of the 1948 Act:
Section 89(2) of the 1948-Act provided that nothing in the 1948-Act or any repeal effected thereby shall affect any right, title, interest, obligation, or liability already acquired before the commencement of the 1948-Act. The appellant argued that this protected his rights as a protected tenant. However, section 88(1)(a) explicitly stated that nothing in the foregoing provisions of the 1948-Act shall apply to lands held on lease from a local authority. Thus, section 31, which recognized protected tenants, did not apply to such lands. The court concluded that section 88(1)(a) was an express provision that took away the status of a protected tenant conferred by the 1939-Act for lands leased from a local authority.

4. Impact of section 88-B of the 1948 Act:
The appellant contended that section 88-B, introduced by the Amendment Act of 1956, provided jurisdiction to the revenue court to decide on tenancy status. The High Court, however, held that section 88-B did not apply to the appellant's case as it came into force after the determination of the appellant's tenancy. The court agreed with this interpretation, noting that section 4-A, which replaced section 31 after the 1956 amendment, still did not apply to lands held on lease from a local authority.

5. Validity of the High Court's decision under Article 227 of the Constitution of India:
The High Court set aside the order of the Revenue Tribunal and restored the Collector's order dismissing the appellant's application. The High Court certified the case as fit for appeal to the Supreme Court. The Supreme Court upheld the High Court's decision, agreeing that section 88(1)(a) was an express provision that excluded the appellant from protected tenant status under the 1948-Act.

Conclusion:
The Supreme Court dismissed the appeal, affirming that section 88(1)(a) of the 1948-Act expressly excluded lands held on lease from a local authority from the provisions recognizing protected tenants. As a result, the appellant could not claim the status of a protected tenant under the 1948-Act. The court ordered the parties to bear their own costs.