Case: Zohrabi Vs. Arjuna and Others

2. The appellant was the owner of agricultural land measuring about 18 acres 13 gts. situated in a village in district Aurangabad. Thet of the respondents was a tenant of the said land. On January 3, 1961 the appellant issued a notice under Section 19(2) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 terminating the tenancy on the ground oft of rent. The notice of termination was served on the tenant on January 11, 1961. The appellant applied for possession on October 30, 1961. The original tenant having died during the pendency of the proceeding, his heirs and legal representatives were substituted in his place. The Naib Tahsildar allowed the application for possession. From his order the tenants took an appeal to the Deputy Collector, Land Reforms, Aurangabad which also failed. The tenants then preferred a revision before the Maharashtra Revenue Tribunal, Aurangabad. The Tribunal allowed the revision petition holding that the landlord not having given intimation to the tenant of the default within a period of six months of each default as required by the amended Section 28 of the Act, could not succeed. The appellant before us question the propriety of the order passed by the Revenue Tribunal.

Reasoning:
3. The only point urged on behalf of the appellant is that the amended Section 28 requiring the landholder to give notice to the tenant within a period of six months of each default was not applicable to the case because the tenant having defaulted in payment of rent for three years before the amended proviso to Section 28(1) came into force on December 29, 1960, the landlord had acquired a right to institute a proceeding for the eviction of the tenants that could not be taken away by the amendment which was not given a retrospective operation either by express words or by necessary implication. We are unable to agree. It has been held ever since Abbot v. Minister for Lands (1895 AC 425) that a mere right to take advantage of the provisions of an Act is not an accrued right. Abbot case (1895 AC 425) was followed by this Court in a number of cases : Sakharam v. Manikchand Motichand Shah ((1962) 2 SCR 59   : AIR 1963 SC 354   : (1962) 1 SCJ 396  ); Hungerford Investment Trust Limited v. Haridas Mundhra ((1972) 3 SCR 690   : (1972) 3 SCC 684  ) and Lalji RajaSons v. Hansraj Nathuram ((1971) 3 SCR 815   : (1971) 1 SCC 721  ).