AIR 1966 GUJARAT 200 ::(1965) 6 GujLR 978 ::ILR (1965) Guj 1039

Gujarat High Court

Hon'ble Judge(s): J. M. Shelat , C.J. AND Akbar S. Sarela , J

(A) Saurashtra Barkhali Abolition Act (26 of 1951) , S.18, S.19, S.16, S.3— Bombay Land Revenue Code (5 of 1879) , Chap.8, Chap.8A, S.52— Bombay Land Revenue Rules (1921) , R.17— Saurashtra Agricultural Debtors Relief Act (23 of 1954) , S.28— Constitution of India , Art.19(1)(f), Art.31(8)— Tenancy Laws - Cash Annuity to Burkhalidar fixed by Mamilatdar - Annuity is liable to change - Assessment of annuity - Government is competent to modify assessment - Survey and settlement contemplated by S.19 of Act 26 of 1951 - Survey and Settlement need not be only under Chapters 8 and 8-A of Act 5 of 1879 - Survey and Settlement can be u/S.52 of Act 5 of 1879 and under R.17. Bombay Land Revenue Rules, 1921 - Reduction of annuity without hearing Burkhalidar - No right to property is affected by reduction - R.17 must be presumed to have received President's assent and hence valid provision. S. 18 of the Saurashtra Barkhali Abolition Act deals with payment to a barkhalidar of a cash annuity which is to be equivalent to one assessment in respect of the land in possession of his tenants Section 19 commences with the words 'For the purposes of this Act which must mean that the assessment, equal to which the cash annuity is payable under S. 18 is the assessment according to the meaning given to @page-Guj201 it in S. 19. From the use of the word '....