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1962 Supreme(SC) 172

T. L. VENKATARAMA AYYAR, K. N. WANCHOO, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, B. P. SINHA
Raghuthilakathirtha Sreepadangalavani Swamiji – Appellant
Versus
State Of Mysore – Respondent


Advocates:
E.UDAYARATHNAM, H.N.SANYAL, P.D.MENON, R.GOPAL KRISHNAN, S.S.SHUKLA

Judgment

GAJENDRAGADKAR, J.: This appeal arises from a writ petition filed by the appellant, Raghutilaka Tirtha Sripadanagavaru Swamiji, in the Mysore High Court challenging the validity of S. 6 (2) of the Mysore Tenancy Act, 1952 (XIII of 1952) hereafter called the Act and the notification issued under the said section on 31-3-1952.

2. The appellant s case as set out in his writ petition before the High Court was that the impugned section as well as the notification issued under it infringed his fundamental rights guaranteed under Arts. 14, 19 (1) (f), 26, 31 and 31-A of the Constitution. This contention has been rejected by the High Court and it has been held that the section and the notification under challenge are valid and constitutional. The appellant then applied for a certificate from the High Court, both under Art. 132 and Art. 133 of the Constitution. The High Court granted him a certificate under Art. 133, but refused to certify the case under Art. 132. Thereafter the appellant applied to this Court for liberty to raise a question about the interpretation of the Constitution and permission has been accorded to the appellant accordingly. That is how the present appeal has c























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