Judgment

GAJENDRAGADKAR, J. (For himself and for B. P. Sinha, C.J.I., J. L. Kapur and K. N. Wanchoo, JJ.) : The appellants in these two appeals had filed two separate petitions under Art. 226 of the Constitution in the Bombay High Court in which they had challenged the vires of S. 6(2) of the Bombay Tenancy and Agricultural Lands Act, 1948 (LXVII of 1948) (hereafter called the Act) and the validity of the notification issued by the Government of October 17, 1952, under the provisions of the said S. 6(2). It appears that on June 23, 1949, in exercise of the powers conferred by S. 6(2) of the Act the Government had issued a notification fixing

"in the case of an irrigated land 1/5 and in the case of any other land 1/4 of the crops of such land or its value as determined in the prescribed manner as the maximum rent payable by the tenants of the lands situate in the areas specified in the schedule appended thereto .

Amongst the areas thus specified was the area in which the appellants lands are situated. Subsequently, on October 17, 1952, by virtue of the same powers and in supersession of all other earlier notifications issued in that behalf the Government purported to prescribe a rate