Judgment

WANCHOO, J. : This appeal by special leave raises questions relating to the constitutionality and interpretation of certain provisions of the Bombay Personal Inam Abolition Act. No. XLII of 1953; (hereinafter called the Act). The brief facts necessary for present purposes are these. 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 No. VII of 1863. The land which forms part of the inam was originally in village Athwa but is now in the suburbs of the city of Surat. The appellant was paying Rs. 7/- as Salami and Rs. 6-3-0 as quit-rent the full assessment of the land being Rs. 56-8-0. In November 1952 the City Survey Officer of Surat wanted to levy non-agricultural assessment on this land under S. 134 of the Bombay Land Revenue Code, 1879, (hereinafter called the Code) as the land was being used for non-agricultural purpose and a large bungalow had been erected on it. The appellant objected to this and eventually in September 1954 he was informed by the Collector that he would not be assessed under S. 134 of the Code but was liable to non-agricultural assessment with effect from Aug