Case Note & Summary
The dispute arose from a landlord-tenant relationship in the Marwar area of Rajasthan, where the appellant, a jagirdar, sought to recover rent from tenants who had refused to pay. The Marwar Tenancy Act, 1949, allowed the government to issue a notification for the recovery of such rents as arrears of land revenue. Following the issuance of a notification under Section 85, the appellant applied to the Collector for recovery. However, the tenants contested the proceedings, claiming they were entitled to a hearing as per the rules under the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951. The Collector's order was upheld by the Additional Commissioner and the Board of Revenue. Subsequently, the government rescinded the notification, leading the High Court to quash the orders on the grounds that the rescission invalidated further proceedings under Section 85. The Supreme Court, however, reversed this decision, stating that the rescission did not affect the authority to dispose of the application made while the notification was in force. The court clarified that Section 85 allowed for ex parte proceedings and that the rules under the Revenue Courts Act did not apply to such applications. The appeal was allowed, and the High Court's order was set aside, with costs awarded to the appellants.
Headnote
A) Landlord and Tenant - Recovery of Rent - Validity of Notification - Marwar Tenancy Act, 1949, Section 85 - The Supreme Court held that the rescission of the notification does not divest the authority to proceed with the application made under Section 85, as the application was duly made while the notification was in force. The court emphasized that the procedure under Section 85 allows for ex parte hearings, and the rules under the Revenue Courts Act do not apply to such applications. (Paras 1-2).
Issue of Consideration
Whether the rescission of the notification under Section 85 of the Marwar Tenancy Act affects the proceedings for recovery of rent as arrears of land revenue.
Final Decision
The Supreme Court allowed the appeal, quashed the High Court's order, and directed that the proceedings under Section 85 of the Marwar Tenancy Act could continue despite the rescission of the notification.
Law Points
- Landlord and Tenant
- Recovery of Rent
- Notification Validity
- Ex Parte Proceedings
- Revenue Courts Act
- Tenancy Act
