The provisions of the Orissa Tenants Protection Act, 1948, as amended by the Orissa Tenants Protection (Amendment) Act, 1951, were validly extended to the merged State of Khandapara and that the respondent was a "landlord" and the appellants were his "tenants" within the meaning of the terms as defined in the Act.

( 1 ) THIS appeal with a certificate under Arts. 132 and 133 (1) (c) of the Constitution arises out of a writ petition filed by the respondent in the High Court of Orissa under Art. 226 seeking to quash the proceedings taken by certain tenants of his private lands under the provisions of the Orissa Tenants' Protection Act, 1948 (Orissa III of 1948), hereinafter referred to as the 1948 Act.

( 2 ) THE respondent was the ruler of the erstwhile Khandapara State which merged with the Province of Orissa under the States' Merger (Governor's Provinces) Order, 1949 with effect from 1-8-1949. The respondent had on 14-12-1947 entered into an agreement with the Governor-General of India Art. 3 whereof provided that:"the Raja shall be entitled to full ownership, use, and enjoyment of all private properties (as distinct from State Properties) belonging to him on the date of the agreement. "

( 3 ) THAT article further provided that if any dispute arose as to whether any item of property was the private property of the Raja or State property, it shall be referred to such officer with judicial experience as the Dominion Government might nominate and the decision of that officer shall be final and binding of both parties. The respondent claimed a number of properties and the matter was referred to the Adviser for Orissa States for determining whether all the items claimed by him could be regarded as his private properties. On 10-6-1949, the Adviser communicated his decision that the respondent was entitled to 1,643 acres as his Khamar lands and 29 and odd acres as lands settled with his tenants. The lands comprised in the present proceedings taken under the 1948 Act as aforesaid were declared to be the private properties of the respondent.

( 4 ) ON 3-3-1950, the Orissa Legislature passed the Orissa Merged States' (Laws) Act, 1950 (Orissa IV of 1950) hereinafter referred to as "the 1950 Act". S. 4 of that Act extended 'inter alia' the 1948 Act to the areas merged in the absorbing Province of Orissa. S. 7 provided for the modification of tenancy laws in force in the merged states. The relevant provisions of that section so far as they are material for the purposes of this appeal may be set out herein:"notwithstanding anything contained in the tenancy laws of the merged States as continued in force by virtue of Art. 4 of the States Merger (Governor's Provinces) Order, 1949: (A) all suits and proceedings between landlord and tenant as such shall be institute and tried in revenue courts. EXPLANATION: In this clause the expression "landlord" shall mean a person immediately under whom a tenant holds land, and the expression "tenant" shall mean a person who holds land under another person and is or, but for a special contract, would be liable to pay rent for that land to that person: (H) when a person holds Khamar, nijjote or any other private lands of a Ruler, which has been recognised as such by the Provincial Government, he shall not be liable to ejectment but shall be liable to pay such fair and equitable rent as may be fixed by any competent authority appointed in this behalf by the Revenue Commissioner or the Commissioner, Northern Division, as the case may be and thereupon he shall acquire right of occupancy in respect of such lands:"

( 5 ) ON 14-4-1951, the State Legislature passed the Orissa Tenants Protection (Amendment) Act, 1951 (Orissa XVII of 1951) whereby the date the "1st day of September, 1947" wherever it was used in the 1950 Act, was substituted by the "1st day of August, 1949" for the purposes of the merged states areas and it was further provided that in such areas where neither the Madras Estates Land Act, 1908, nor the Orissa Tenancy Act, 1913 was in force the special laws or customs prevailing therein shall be taken into consideration for the application of that Act.

( 6 ) IT appears that certain tenants who were in occupation of the private lands of the respondent were evicted by him during the year 1951 and oth