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1961 Supreme(SC) 415

B. P. SINHA, S. R. DASS, J. R. MUDHOLKAR, A. K. SARKAR, N. RAJAGOPALA AYYANGAR
Maharana Shri Jayvantsinghji Ranmalsinghji – Appellant
Versus
State Of Gujarat – Respondent


Judgment

S. K. DAS, J. (for self and B. P. Sinha, C.J.I.) : In these 13 writ petitions arises a common question of law, namely, the constitutional validity of some of the provisions of the Bombay Land Tenure Abolition Laws (Amendment) Act, 1958 (Bombay Act LVII of 1958) and in particular, of the provisions contained in Ss. 3 and 4 read with S. 6 thereof. We shall hereinafter refer to this Act as the impugned Act, 1958.

2. Put very briefly, the case of the petitioners is that as a result of the provisions of the impugned Act, 1958, certain non-permanent tenants were deemed to be permanent tenants as from the commencement of the Bombay Taluqdari Tenure Abolition Act, 1949 (Bombay Act LXII of 1949), hereinafter referred to as the Taluqdari Abolition Act, 1949 and thereby became entitled to acquire on payment of six times the assessment or six times the rent instead of at least the minimum of twenty times the assessment, the rights of an "occupant" within the meaning of S. 5A of the Taluqdari Abolition Act, 1949. This result, it is contended, has substantially deprived the petitioners of the rights which they acquired on tillers day (April 1, 1957) by reason of the provisions contained



























































































































































































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