Judgment

RAY, J.

( 1 ) , J. : These two appeals are by certificate from two judgments dated 1/04/1965 of the Bombay High Court.

( 2 ) BOTH the appeals turn on the question as to whether the relationship of landlord and tenant continued to subsist between 20/07/1955 when the inams were abolishgd by and the land vested in the State under the Hyderabad Abolition of Inams Act, 1954 being Act VIII of 1955 (hereinafter referred to as the 1955 Act) and 1/07/1960 when a notification under section 1 (3) (b) of the 1955 Act made the entire 1955 Act applicable.

( 3 ) THE contention on behalf of the State was that when the 1955 Act came into existence on 20/07/1955 inams were abolished and the land vested in the State, and, therefore, the relationship between the inamdar landlord and the tenant in respect of the inam land ceased. The contention on behalf of the inamdar and the tenant on the other hand was that though inams were abolished and the land vested in the State on the coming into force of the 1955 Act on 20/07/1955 the relationship of inamdar landlord and tenant continued upto 1/07/1960 because all the provisions of the 1955 Act did not come into effect until 1/07/1960 and those which did not come into operation had the effect of saving and preserving the relationship between inamdar landlord and tenant. The High Court upheld the contention of the inamdar landlord and the tenant.

( 4 ) THE 1955 Act received the assent of the President on 16/07/1955 and was published in the Hyderabad Gazette Extraordinary on 20/07/1955. Under section 1 (3) (a) of the said 1955 Act sections 1, 2, 3 (except clauses (d), (g), (h) and (i) of subsection (2) of section (3 ). sections 30 to 34 (both inclusive), section 35 to the extent to which it enabled rules to be made for the purposes of the aforesaid sections, section 36 and section 37 of the 1955 Act came into force on the date of the publication of the 1955 Act in the official Gazette. The other important provision is section 1 (3) (b) of the 1955 Act which enacted that the rest of the Act "shall come into force on such date as the Government may, by notification in the official Gazette appoint in this behalf.

( 5 ) IT may be stated here that the short title of the 1955 Act Hyderabad Abolition of Inams Act, 1954. By the Hyderabod Abolition Inams (Amendment) Act, 1959 the title of the 1955 Act was changed to Hyderabad Abolition of Inams and Cash Grants Act, 1954. The amendment was by reason of the Act being made applicable to "cash grants and inams in the nature of community service, inams and watans" by introducing sub-section (2a) in Section 1 of the 1955 Act. The 1959 Amendment Act came into force on 1/07/1960 by a gazette notification dated 3/06/1960. There, was another gazette notification on 3/06/1960 No. HDA1060-IV- (b)-L that in exercise of the powers conferred by Clause of subsection (3 ). of Section 1 of the Hyderabad Abolition of Inams and Cash Grants Act, 1954, the Government of Maharashtra appointed 1/07/1960 to be the date on which the rest of the said Act" shall come into force. " That is how all the provisions of the 1955 Act came into force on 1/07/1960.

( 6 ) THE State relied on Section 3 (1) of the 1955 Act in support of the proposition that the inams were abolished and the land vested in the State, and, therefore, the relationship of landlord and tenant came to an end.

( 7 ) IT is noticeable that Section 3 (2) of the 1955 Act provided "save as expressly provided by or under the provisions of the Act and with effect from the date of vesting, the consequences mentioned Clauses (a) to (i) will ensue. " The important clauses in Section 3 (2) of the 1955 Act are as follows:" (B) - All rights, title and interest vesting in the inamdar, Kabiz-e-kadim, permanent tenant, protected tenant and non-protected tenant in respect of the inam land, other than the interests expressly saved by or under provisions of this Act and including those in all communal lands, cultivated and uncultivated land