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TMI Blog1947 (2) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The object of the impugned Act was the relief of mortgagors by giving them restitution of the mortgaged premises on conditions more favourable than those under the mortgage deed and by providing for a procedure before the Collector, which was more summary than that before the ordinary Courts. The relevant sections of the impugned Act are as follows: 3. (1) The expression 'land' means land which is not occupied as the site of any building in a town or village and is occupied or lot for agricultural purposes or for purposes subservient to agriculture or for pasture, and includes (a) the sites of buildings and other structures on such land; (b) a share In the profits of an estate or holding; (c) any dues or any fixed percentage of the land revenue payable by an inferior landowner to a superior landowner. (d) a right to receive rent; (e) any right to water enjoyed by the owner or occupier of land as such; (f) any right of occupancy; and (g) all trees standing on such land. 4. A mortgagor to whose land the provisions of this Act apply may at any time present a petition to the Collector praying for restitution of possession of the land mortgaged. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing in the two next succeeding sub-sections, the Federal Legislature has, and a Provincial Legislature has not, power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule to this Act (hereinafter called the 'Federal Legislative List.') (2) Notwithstanding anything in the next succeeding sub-section, the Federal Legislature, and, subject to the preceding sub-section, a Provincial Legislature also, have power to make laws with respect to any of the matters enumerated in List III in the said Schedule (hereinafter called the 'Concurrent Legislative List'). (3) Subject to the two preceding sub-sections, the Provincial Legislature has, and the Federal Legislature has not, power to make laws for a Province or any part thereof with respect to any of the matters enumerated in List II in the said Schedule (hereinafter called the 'Provincial Legislative List'). (4) The Federal Legislature has power to make laws with respect to matters enumerated in the Provincial Legislative List except for a Province or any part thereof. 5. The item in the Provincial List which is directly relevant is No. 21, which is in these terms- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Courts in India were not relied upon by the appellants before their Lordships. The stress of the argument before the Board was laid on Sections 100 and 107. The respondent contended that the provisions of the impugned Act were wholly within item 21, supplemented if need be by item 2 of the Provincial Legislative List, that accordingly the respondent did not need to rely for the validity of the Act on any powers of the Province under the Concurrent Legislative List and therefore Section 107 was irrelevant to the decision of the case. The appellants on the other hand contended that the impugned Act went beyond the limits of the legislative powers of the Province under List II and could not be supported by invoking concurrent powers of the Province under List III, because the provisions which had to be invoked for this purpose were repugnant to existing Indian laws and were thus invalid under Section 107. They instanced the Indian Contract Act, Sections 37, 69 and 70, and the Code of Civil Procedure, Section 4(1) and (2) and Section 9 as containing provisions to which the impugned Act is repugnant and further contended that as none of the Lists specifically mentioned mortgages ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such rights. Rights over land would include easements or other collateral rights, whatever form they might take. Then follow words which are not words of limitation but of explanation or illustration, giving instances which may furnish a clue for particular matters: thus there are the words relation of landlord and tenant and collection of rents. These words are appropriate to lands which are not agricultural equally with agricultural lands. Rent is that which issues from the land. Then the next two sentences specifically refer to agricultural lands, and are to be read with items 7, 8 and 10 of List III. These deal with methods of transfer or alienation or devolution which may be subject to federal legislation but do not concern the land itself, a sphere in which the provincial and federal powers are concurrent, subject to the express exception of the specific head of agricultural land which is expressly reserved to the provinces. The remainder of item 21 specifics important matters of special consequence in India relating to land. The particular and limited specification of agricultural land proves that land is not used in item 21 with restricted reference to agricultural la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f agricultural land or at least as land occupied or let for purposes subservient to agriculture and as such within the general scope of an Act dealing with agricultural land. Section 3 of the Act goes on, it is true, to give a number of specific types of land which are included, but they are all governed by the controlling words of Sub-section (1) which limits the whole Act to agricultural land in the sense already stated. Thus head (b) of Sub-section (1) of Section 3 must be read as referring to an estate or holding in the only class of land with which the Act deals. The same is true of all the other heads in the sub-section, dues, rent, water rights, occupancy, trees, all come within the category of rights in or over land within item 21, List II, and all are governed by the same controlling reference to agriculture or agricultural purposes. This reading of the section is supported by the qualification of trees as trees standing on such land, that is, agricultural land. Sections 7 and 8 of the impugned Act embody its main substantive provisions for the relief of mortgagors and need not be repeated here. The rest of the Act deals with ancillary matters like procedure which fall wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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