JUDGMENT - Chagla, C.J.

1. There are two petitions made under Art. 226 of the Constitution challenging Sub-section (2) of Section 6, Bombay Tenancy and Agricultural Lands Act, 1948, as being ultra vires of the Legislature and also challenging a notification issued by Government under that Sub-section. There is also a reference made to us by the Civil -Judge, junior Division, Kumta, who had a similar question to consider and who has taken the view that Sub-section (2) of Section 6 is ultra vires and has made a reference under Section 113, Civil P. C. The learned judge has given a very able and carefully considered judgment and his judgment has been of considerable help to us.

2. Section 6, Tenancy Act provides for the fixation of a maximum rent and the maximum rent which a landlord is entitled to recover may be fixed irrespective of any agreement, usage, decree or order of the Court or of any law, and Sub-section. (1) provides that the maximum rent payable by a tenant for the lease of any land shall not, in the case of an irrigated land, exceed one-fourth and in the case of any other land exceed one-third of the crop of such land or its value as determined in the prescribed manner. Th

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