Ad hoc tenants inducted by custodians appointed by the court do not have tenancy rights under the Orissa Land Reforms Act.

JUDGMENT :

R.K. Dash, J. - Revisional orders passed by the Additional District Magistrate (Land Reforms), Cuttack, confirming the orders of the appellate authority have been challenged in these writ petitions. Since the facts and questions of law involved in these writ petitions are similar, they were heard analogously and are disposed of by this common judgment.

2. These petitioners and others filed separate applications u/s 15(1)(d) of the Orissa Land Reforms Act, 1960 (for short, 'the Act') before the Revenue Officer-cum-Tahasildar, Tigiria, praying to determine the dispute regarding existence of relationship of landlord and tenant between them and Madan Mohan Jew of Nuapatna-opposite party No. 4 as envisaged in the Act, since they were restrained to cultivate their respective lands by the trustees. Opposite party No. 4 on being noticed challenged the maintainability of the proceedings containing, inter alia, that in a proceeding finder Section 42 of the Orissa Hindu Religious Endowments Act (for short, 'Endowments Act') the lands in question were kept in the custody of interim trustees, namely, Chaitan Das and the Inspector of Endowments, who had inducted the petitioners to cultivate the same. The proceeding ultimately having been terminated in favour of hereditary trustees, the lands were released from the custody of the interim trustees and possession thereof was delivered to the former on 17.2.1987. So, the petitioners being ad hoc tenants cannot claim to have any right as tenants under law and therefore, the proceedings u/s 15(l)(d) of the Act were not maintainable.

3. On the question of maintainability of the proceedings argument was advanced on behalf of the petitioners that admittedly pursuant to the order of the Endowment Commissioner in a pending proceeding both Chaitan Das and the Endowment Inspector, Athagarh were appointed as custodians to look after the deity and its properties and consequently they engaged the petitioners as bhag tenants to cultivate the lands in dispute. So the aforesaid custodians had power to induct tenants and the petitioners being so inducted have acquired right to the property in dispute as bhag tenants and therefore, the proceedings initiated by them were maintainable. On the other hand, counsel appearing for opposite party No. 4 urged that the induction of the petitioners to cultivate the disputed land as bhag tenants by the custodians as aforesaid being not by their own right, the petitioners would be considered as ad hoc tenants and on termination of the proceeding before the Endowment Commissioner, such induction automatically came to an end, in view of what has been decided by this Court in the case of Sankar Kumar Bhattar and Others Vs. Tehsildar-cum-Revenue Officer and Others, .

4. On consideration of the submissions of both the parties, the learned Revenue Officer held that the petitioners being tenants, proceedings u/s 15 (l)(d) of the Act were maintainable. Aggrieved by the said order, opposite party No. 4 preferred appeal to the Sub-Collector, Athagarh and the learned appellate Court, on consideration of the facts and circumstances of the case, reversed the orders of the Revenue Officer and held the proceedings to be not maintainable. The petitioners preferred revision to the learned Additional District Magistrate (Land Reforms), Cuttack, challenging the order of the appellate Court. The revisional authority also concurred with the finding and the ultimate conclusion of the appellate Court. Hence the present writ petitions.

5. Shri S. Misra-2, learned counsel for the petitioners, while not challenging the factual aspects of the case as narrated above, contended that in a proceeding u/s 42 of the Endowments Act, the Endowment Commissioner appointed interim trustees in respect of the disputed property belonging to opposite party No. 4 and they being de jure trustees were entitled to induct tenants. So the petitioners having been inducted as tenants by the de jure trustees are tenan