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1971 Supreme(SC) 291

C. A. VAIDIALINGAM, S. M. SIKRI, P. JAGANMOHAN REDDY, A. N. RAY, G. K. MITTER
Sriram Narayan Medhi – Appellant
Versus
State Of Maharashtra – Respondent


Advocates:
N.C.BHANDARE, S.P.NAIR, S.S.SHUKLA, V.M.LIMAYA, V.M.TARKUNDE, V.S.DESAI

Judgment

P. JAGANMOHAN REDDY, J.: - The petitioner challenges the vires of the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1964 (Maharashtra Act XXXI of 1965) (hereinafter referred to as the impugned Act ). The parent Act is the Bombay Tenancy and Agricultural Lands Act 1948 (Bombay Act XLVII of 1948) (hereinafter referred to as the Parent Act ). In 1956 the State Legislature amended the parent Act by Bombay Tenancy and Agricultural Lands (Amendment) Act 1956 (Bombay Act XIII of 1956) (hereinafter referred to as the Amendment Act ) which came into force on 1st August, 56.

2. The State of Bombay undertook legislation in furtherance of its policy of social welfare and to give effect to agrarian reform. The parent Act was passed by the Bombay State Legislature in order to amend the law which governed the relationship between the landlord and tenants of agricultural lands, the object sought to be achieved being as indicated in its preamble that "on account of the neglect of a landholder or disputes between the landlord and his tenants, the cultivation of his estate has as a result suffered or for the purposes of improving the economic and social conditions of peasant or ens



















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