TMI Blog1961 (3) TMI 99X X X X Extracts X X X X X X X X Extracts X X X X ..... he respondent a protected tenant. The appellant gave notice of termination of tenancy to the respondent on December 31, 1951, under s. 34(1) of the Act. The notice was for one year as required by s. 34(1) and the tenancy was to terminate from after March 31, 1953. The landlord therefore made an application on April 7, 1953, under s. 29(2) of the Act for obtaining possession of the land to the Mamlatdar. In the meantime, an amendment. was made to the Act by the insertion of sub-s. (2-A) to s. 34 by the Amending Act No. XXXIII of 1952, which came into force on January 12, 1953. By this amendment certain further restrictions were placed on the right of the landlord to terminate the tenancy of a protected tenant. The relevant part of sub-s. (2- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the landlord shall have no right to terminate the tenancy of a protected tenant, if the landlord at the date on which the notice is given or at the date on which the notice expires has been cultivating personally other land fifty acres or more in area, provided that if the land which is being cultivated personally is less than fifty acres, the right of the landlord to terminate the tenancy of the protected tenant and to take. possession of the land leased to him shall be limited to such area as will be sufficient to make the area of the land which he has been cultivating to the extent of fifty acres. When therefore the landlord applied for possession of the land under s. 29(2) of the Act, the tenant objected and claimed the benefit of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tight of the landlord to obtain possession and if the landlord failed to satisfy the court at the date when the tenancy expired and he became entitled to possession that he was so entitled in law as it then stood, he could not claim relief from the court. It is the correctness of this view which is being challenged before us in the present appeal. The Contention on behalf of the appellant is that s. 34(1) gives a right to the landlord to terminate the tenancy by one year's notice, which was given in this case in December 1951 before the Amending Act came into force. Therefore the notice having been given before the Amending Act came into force, the further limitation put on the right of the landlord by subs. (2-A), introduced by the Am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... right of the landlord to terminate the tenancy, the crucial date is not the date of notice but the date on which the right to terminate matures, that, is, the date on which the tenancy stands terminated. It is on ',-$hat date that the court has to enforce the right of the landlord arising out of the notice of termination and therefore the court has to see whether the termination is in accordance with the restrictions imposed by subs.(2-A) on the date the right is to be enforced. Nor are we impressed by the argument that by applying sub-s. (2-A) to notices issued before the Amending Act came into force we would be taking away the vested right of the landlord. As we have already pointed out, the notice under s. 34 (1) is merely a decl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Amending Act was passed.,. In this view it is obvious that the legislature could not have intended that the benefit of this beneficent measure should not be extended to tenants in whose cases the tenancy had not yet terminated, though notices had been given, when the further restrictions were being put on the right to terminate the tenancy. Learned counsel for the appellant has drawn our attention in this connection to Jeebankrishna Chakrabarti v. Abdul Kader Chaudhuri (1). In that case, the Bengal Tenancy Act was amended and the amendment provided that a tenant would be liable to ejectment on one year's notice by the landlord. The earlier law provided for a notice of ejectment but did not provide that the notice should be for one yea ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
