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4. It appears that in the year 1935, the original landlord (Moolidar) of the lands in question, transferred his ownership rights in the name of the 6th respondent-Trust. Thereby the 6th respondent became the land owner of the lands in question. In the year 1964, proceedings were initiated in suit O.S.No.310/1964 by petitioner No.1 against Noidabing Ram Naik, seeking possession of the lands in question on the ground that Noidabing Ram Naik had failed to fulfill the terms and conditions of lease. The said suit was decreed on 20.08.1966 and execution proceedings in execution case No.41/1968 was filed by petitioner No.1 herein. In the said proceedings, possession of the property was handed-over to petitioner No.1 on 13.04.1971.

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permanent tenant, protected tenant, other tenant or sub-tenant before the date of vesting and which he has been cultivating personally.

13. The material on record would go to show that, the lands in question were sub-leased by 1st petitioner's mother in favour of in Sri.Noidabing Ram Naik under a sub-lease deed dated 23.12.1929 and sub-tenant continued to be in possession and cultivation of the lands ever since thereafter. Petitioner No.1 was appointed as a trustee of respondent No.6-Trust on 04.11.1963. As on the said date sub-tenant was in possession and cultivation of the lands in question. On the ground that the sub- tenant Noidabing Ram Naik had not fulfilled the terms and conditions of sub-lease. Proceedings were initiated by petitioner No.1 against him for recovery of possession of the lands by filing O.S.No.310/1964. The said suit was decreed on 20.08.1966 and execution proceedings were initiated on the basis of the decree passed in O.S.No.310/1964 by filing

"2(18) "trustee" means a person in whom either alone or in association with other persons, the trust property is vested and includes a manager."

15. Therefore from the date the 1st petitioner was appointed as trustee of the respondent No.6- Trust, the properties of the Trust vested with him and

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he was a caretaker of the Trust along with other trustees from the date of his appointment as Trustee. The relationship between Noidabing Ram Naik and petitioner No.1 was that of a tenant and landlord. Section 2(A)(21) of the Act of 1961, defines the word 'Land-owner' and from the reading of the same, it is seen that the 'land-owner' means and includes 'trustee'. Therefore, even for the purpose of the Act of 1961, the petitioner No.1, who is a trustee with effect from 04.11.1963, becomes land owner of the lands in question with effect from the said date. Therefore, the proceedings initiated by petitioner No.1 against Noidabing Ram Naik is required to be considered as one initiated by the land owner against the tenant for having violated the terms and conditions of the lease deed.