Judgement

Appeal (No. 51 of 1929) from a decree of the Court of the Judicial Commissioner, Central Provinces (March 10, 1927), affirming a decree of the District Judge, Amraoti (April 23, 1924).

The question for determination in the appeal was whether the Berar Alienated Villages Tenancy Law, which was promulgated by the Governor-General in Council on November 24, 1921, was, as the appellant contended, ultra vires.

The law in question related to the Hyderabad Assigned Districts (known as the Berars), which, as appears more fully from the judgment, were territory of H. H. the Nizam, leased in perpetuity to the British Government with powers of administration. The notification stated "In exercise of the powers conferred by the Indian (Foreign Jurisdiction) Order in Council, 1902, and of all other powers enabling him in this behalf, the Governor-General in Council is pleased to issue the following provisions regulating the relations of landlords and tenants of agricultural land in certain alienated villages of Berar." By s. 1, sub-s. 2, the provisions were to extend to all alienated villages leased under the Waste Land Rules of 1865.

The appellant was joint owner of a village of which