9911796707
TMI Blog1974 (12) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... ent) Act, 1956 and was further amended by Bombay Act 64 of 1959 which came into force on 1st July, 1960. It is no longer in controversy that the Abolition of Inams Act became applicable to the appellant's 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. Upon its vesting, certain consequences followed which will be adverted to hereinafter in this judgment. The first round of litigation started by the appellant against respondent no. 1 treating him as his tenant under the Hyderabad Tenancy and Agricultural Land Act, 1950, Hyderabad Act No. XXI of 1950 (hereinafter called the Tenancy Act) was started by the appellant by serving a notice on the first respondent under section 44 of the said Tenancy Act. The appellant claimed in that proceeding that he bonafide required the land for cultivating it personally and hence after service of notice 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 Naib Tehsildar, Land Reforms, Osmanabad rejected the resum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nams Act, he remained content 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. He finally directed that a copy of this order be sent to the Tehsildar Osmanabad for further necessary action. 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 objection of the appellant was rejected by the Tehsildar. 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. The rejection of the appellant's appeal by the State Government was communicated to him by a letter dated 27th November, 1964 of the Under Secretary to the Government of Maharashtra, Revenue and Forest Department. The appellant challenged the order of the State Go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kind filed by the appellant should be and ought to have been disposed of by a speaking order giving some reasons in its support. But on the facts and in the circumstances of this case the High Court did not feet persuaded, and in our opinion rightly, to set aside the order of the State Government and remit back the appellants appeal to them merely on that account. No determination or adjudication of facts was involved The decision of the case rested on the points of law. The High Court did examine the question as to whether respondent no. 1 could not be a tenant of the appellant because of the reason that the Inam had been held to be a Watan Inam and consequently according to the appellant it was a service Inam. In the present proceeding the High Court pointed out that respondent no. 1 was admittedly the appellant's tenant. Mere service of notice under section 44 of the Tenancy Act had not terminated the tenancy. The proceeding for resumption of the land under the Tenancy Act finally terminated against the appellant on the ground that respondent no. 1 could no longer be evicted as he had acquired the right of an occupant under the Abolition of 1 On the finding recorded by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... subject to the provisions of sub-sections (2) to (7), landholder (not being a landholder within the meaning of Chapter IV-C) may) after giving notice to the tenant and making an application for possession as provided in subsection (2), terminate the tenancy of any land, if the landholder bonafide requires the land for cultivating it personally. Section 32 prescribes the procedure of taking possession of the land and sub-section (2) says Save as otherwise provided in subsection (3A), no landholder shall obtain possession of any land or dwelling house held by a tenant except under an order of the Tehsildar, for which he shall apply in the prescribed form within a period of two years from the date of the commencement of the Hyderabad Tenancy and Agricultural Lands (Amendment) Act, 1957, or the date on which the right to such possession accrued to him whichever is later. Reading the wordings of sections 44(1) and 32(2) of the Tenancy Act it was not possible to accept the contention put forward on behalf of the appellant that by mere service of notice and the filing of application for possession the tenancy had some to an end. Until and unless possession was directed to be deliv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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