AIR 1960 BOMBAY 56 ::61 Bom LR 957 ::ILR (1959) Bom 1473

Bombay High Court

Hon'ble Judge(s): H. K. Chainani , C.J. AND J. R. Mudholkar, Patel , JJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.4, S.70(b)— Tenancy Laws - Mamlatdar can entertain landlord's application for declaration that person is not his tenant. Special Civil Appln. No. 278 of 1957 (Bom), Overruled. Under cl. (b) of S. 70 of the Act, the Mamlatdar has jurisdiction to determine whether a person is a tenant. He can, therefore, also decide that a person is not a tenant. He can decide this question not only on an application made by a tenant, but also on an application made by the landlord. The jurisdiction to decide this question vests exclusively in the Mamlatdar and the Civil Court is not competent to decide it. This question will also have to be determined by reference to and in the light of the provisions of the Act as to who are and who are deemed to be tenants and as to how and in what circumstances a tenancy can be terminated. Such a determination will, therefore, be for the purposes of the Act. Accordingly a Mamlatdar can entertain and decide an application by the landlord for a declaration that a person is or is not his tenant.