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Showing contexts for: Declaration as a tenant in Sakharam Bapusaheb Narayan Sanas And ... vs Manikchand Motichand Shah And Another on 19 April, 1961Matching Fragments
"3. A tenant shall be deemed to be a protected tenant in respect of any land if
(a) he has held such land continuously for a period of not less than six years immediately preceding either
(i) the first day of January 1938 or
(ii) the first day of January 1945 and
(b) has cultivated such land personally during the aforesaid period.
3A(1) Every tenant shall, on the expiry of one year from the date of the coming into force of the Bombay Tenancy Amendment Act of 1946, be deemed to be a protected tenant for the purposes of this Act and his rights as such protected tenant shall be recorded in the Record of Rights, unless his landlord has within the said period made an application to the Mamlatdar within whose jurisdiction the land is situated for a declaration that the tenant is not a protected tenant".
Under s. 3A(1) aforesaid, it was open to the landlord, within one year of the date of the commencement of the Amending Act of 1946, to make an application to the Mamlatdar for a declaration that the tenant was not a 'protected tenant'. No such proceeding appears to have been taken. As a result of the expiration of one year from November 8, 1946the date of the coming into operation of the Amending Act of 1946-the defendants were deemed to be 'protected tenants' and it is not disputed that they were recorded as such. Section 4 of the Act, with which we are not concerned in the present case, made further provisions for recovery of possession by tenants who had been evicted from their holdings in circumstances set out in that section. The Act, therefore, in its terms, was intended for the protection of tenants in certain areas in the Province of Bombay (as it then was). If nothing had happened later, the defendants would have had the status of 'protected tenants' and could not have been evicted from their holdings, except in accordance with the provisions of the Tenancy Law. But the Act of 1939 was replaced by the Act of 1948. The question that arises now for determination is whether the Act of 1948 wiped out the defendant's status as 'protected tenants'. For determining this question, we have naturally to examine the relevant provisions of the later Act.