Case Note & Summary
The petitioners, tenants on agricultural land owned by Smt. Bhimabai, filed a writ petition challenging the fixation of rent. The controversy centered on whether the rent fixed under Section 13(3)(a) of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 could override the maximum rent prescribed under Section 11 of the same Act. The petitioners argued that Section 11, which begins with a non obstante clause, has overriding effect and limits the maximum rent to three or four times the land revenue. The court, after hearing both sides, held that Section 11 prevails over Section 13(3)(a) due to its non obstante clause, and the rent cannot exceed the limits set by Section 11. The court allowed the petition and set aside the orders of the lower authorities that had fixed rent in excess of the statutory maximum.
Headnote
A) Tenancy Law - Maximum Rent - Overriding Effect of Section 11 - Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958, Sections 11, 12, 13(3)(a) - The dispute pertained to the rent payable by tenants on agricultural land. The court considered whether the rent fixed under Section 13(3)(a) could override the maximum rent fixed under Section 11, which contains a non obstante clause. Held that Section 11, with its non obstante clause, prevails over Section 13(3)(a), and the maximum rent cannot exceed the limits prescribed under Section 11 (Paras 1-3).
Issue of Consideration
Whether the rent fixed under Section 13(3)(a) of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 can override the maximum rent fixed under Section 11 of the said Act.
Final Decision
The court allowed the writ petition, setting aside the orders of the lower authorities and holding that Section 11 prevails over Section 13(3)(a). The matter was remanded for fresh determination of rent in accordance with Section 11.
Law Points
- Overriding effect of non obstante clause
- Maximum rent fixed under Section 11 prevails over Section 13(3)(a)
- Rent payable subject to maximum fixed under Section 11
- Agreement or usage cannot exceed statutory maximum
Case Details
2010 LawText (BOM) (06) 153
Writ Petition No.3408/1998
Shri D.V. Chauhan for petitioners, Shri D.R. Dubey for respondent No.4
Ganesh Dadaji Sukare and others
Maharashtra Revenue Tribunal and others
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Nature of Litigation
Writ petition challenging rent fixation under the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958.
Remedy Sought
Petitioners sought to set aside orders fixing rent in excess of the maximum prescribed under Section 11 of the Act.
Filing Reason
The rent fixed by authorities under Section 13(3)(a) exceeded the maximum rent permissible under Section 11.
Previous Decisions
The Tahsildar and Sub-Divisional Officer had fixed rent at three khandies of paddy; the Maharashtra Revenue Tribunal upheld that decision.
Issues
Whether Section 11 of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 overrides Section 13(3)(a) of the same Act.
Whether the rent fixed at three khandies of paddy exceeds the maximum rent under Section 11.
Submissions/Arguments
Petitioners argued that Section 11, with its non obstante clause, has overriding effect and limits rent to three or four times the land revenue.
Respondent No.4 argued that the rent was fixed under Section 13(3)(a) and was valid.
Ratio Decidendi
Section 11 of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958, containing a non obstante clause, overrides Section 13(3)(a) of the same Act, and the maximum rent payable by a tenant cannot exceed the limits prescribed under Section 11.
Judgment Excerpts
Section 11 conceive as under : 11. 'Notwithstanding any agreement, or usage or any decree or order of a court or any law, the maximum rent payable by a tenant shall not exceed...'
the overriding effect of Section 11 which deals with levying maximum rent, and start with non abstante clause will prevail.
Procedural History
The petitioners filed a writ petition in 1998 challenging the rent fixation. Rule was issued on 22 December 1998 with interim stay on possession. The matter was heard and decided on 23 June 2010.
Acts & Sections
- Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958: 11, 12, 13(3)(a)
