GOVINDA BHAT, J. ( 1 ) THE following question of law has been referred for the decision of this Court under 8. 118 (3) of the Mysore Land Reforms Act, 1961 (hereinafter called the Act), by the learned District Judge, Dharwar, by his order dt. !2th June 1970 made in MA. (LR.) No. 10 of 1970: "in view of sub-sec. (10b) of S. 16 of the Mysore Land Reforms act, 1961, are the provisions of sub-sees. (1) to (10) of S. 16 of the act not to be taken into consideration at all while dealing with an application under S. 14 of the Act in a case arising in the Bombay area?" ( 2 ) SINCE the reference raises an important question of law under the act, we considered that the assistance of the learned Advocate general is necessary and directed notice to be issued to him. The learned advocate General has appeared before us and addressed arguments. We are obliged to him for the assistance he has given us. We have also heard sri C. M. Desai, Counsel for the tenant. The Landlord is not represented before us. ( 3 ) THE respondent before the learned District Judge is the landlord and the appellant is his tenant in respect of NS. No. 96/1b of Kyarkoppa Village in dharwar district. The landlord made an application for resumption before the Land Tribunal, Dharwar, under S. 14 of the Act. The Land tribunal ordered resumption in respect of a moiety of the land. Against the said order, the tenant preferred an appeal before the learned District judge, Dharwar. ( 4 ) BEFORE the learned District Judge, it appears to have been contended on behalf of the landlord that in respect of lands in the Bombay area of the State the conditions and restrictions governing resumption prescribed by sub-secs (1) to (10) of S. 16 are not applicable and that the only conditions and restrictions that govern such resumption are those contained in ss. 31a, 31b and 31c of the Bombay Tenancy and Agricultural Lands Act, 1948, as inserted by the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955. That argument was based on the provisions of sub-sec. (10b) of S. 16. In the view of the learned District Judge, the question raised is one of considerable importance in the Bombay Area of the state. That argument was based on the provisions of sub-sec. (10b) of S. 16. In the view of the learned District Judge, the question raised is one of considerable importance in the Bombay Area of the state. S. 14 of the Act provides for making application to the Court (formerly Land Tribunal) by a landlord for resumption of land other than 'non-resumable land' as defined in S. 2 (A) (29 ). On such an application the Court has to determine the land or lands which the landlord shall be entitled to resume. Resumption of land from tenants is subject to the provisions of Ss. 14, 15, 16, 17, 18, 19, 20 and 41 of the Act. S. 16 prescribes the conditions restricting the resumption. It reads thus:"16 Conditions restricting resumption of land under section 14.- the right of a landlord to resume for cultivating the land personally under S. 14, shall be subject to the following contiditions, namely: - (1) If the landlord owns land not exceeding two basic holdings he shall be entitled to resume one half of the land leased to the tenant: provided that the right to resume by such landlord shall be subject to the conditions that in the case of a protected tenant, such tenant, shall be left with at least one standard acre of or the land actually held by him, whichever is less. (2) If the landlord owns land exceeding two basic holdings, he shall be entitled to resume one-half of the area leased to the tenant, provided that the total area resumed by the landlord does not exceed three family holdings. (3) No landlord who has been cultivating personally land exceeding three family holdings shall be entitled to resume any land leased. (4) The right to resume land under clauses (1) to (3) shall be subject to the further condition that the land resumed from all the tenants holding under the landlord together with the extent of land, if any, cultivated by the landlord personally and any non-resumable land held by him shall not exceed three family holdings. (5) In respect of lands cultivated with plantation crops, the landlord shall not be entitled to resume more than one-half of the land leased to a tenant. (5) In respect of lands cultivated with plantation crops, the landlord shall not be entitled to resume more than one-half of the land leased to a tenant. (6) If more tenancies than one are held under the same landlord, then the landlord shall be entitled to resume land only from tenants whose tenancy or tenancies are the shortest in point of duration: provided that the landlord shall be entitled to resume lands held by protected tenants only if the required extent of land cannot be resumed from tenants other than protected tenants: provided further that where such tenancy or tenancies shortest in point of duration shall on resumption leave with the tenants land in extent which will be less than a basic holding, the resumption shall be made in respect of tenancj- or tenancies next longer in point of duration. (7) The right to resume land by the landlord, other than a landlord owning land not exceeding two basic holdings, shall be subject to the further condition that in the case of protected tenants each protected tenant shall be left with a basic holding or the land actually held by him, whichevtr is less. (8) The right to resume land from any tenant shall be exercisable under section 14 only once. (9) The income by the cultivation of the land of which he is entitled to resume shall be the principal source of income for the maintenance of the landlord. (10) If as a result of the resumption of land under S. 14, a fragment is created, the person entitled to the larger part of the land shall be entitled to the fragment also. (10a) If any person has after the 18th November 1961 and before the appointed day transferred any land otherwise than by partition, then, in calculating the extent of land owned by such person for purposes of the preceding clauses, the area so transferred shall be taken into consideration, and land exceeding the resumable area so calculated shall be deemed to be non-resumable land, and such person shall not be entitled to resume such non-resumable land. Explanation.-For purposes of this clause, a land shall be deemed to have been transferred, if it has been transferred by act of parties (whether by sale, gift, mortgage with possession, exchange, lease or any other disposition made) inter vivos. Explanation.-For purposes of this clause, a land shall be deemed to have been transferred, if it has been transferred by act of parties (whether by sale, gift, mortgage with possession, exchange, lease or any other disposition made) inter vivos. (10b) Notwithstanding anything contained in clauses (1) to (10) (both inclusive) or S. 142, the extent of land, if any resumable, by any landlord in Bombay Area, shall be subject to the restrictions and conditions specified in Ss. 31a, 31b and 31c of the Bombay Tenancy and Agricultural Lands Act, 1948, as inserted by the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1955 (Bombay Act 13 of 1956) notwithstanding the provisions of the Bombay Tenancy (Suspension of Provisions and Amendment) Act. 1957 (Mysore Act 13 of 1957 ). (10c) Notwithstanding anything contained in clauses (1) to (10), (both inclusive), or S. 142, the extent of land, if any, resumable, by any landlord in the Hyderabad area, shall be subject to the restrictions and conditions specified in the Hyderabad Tenancy and Agricultural lands Act, 1950, as in force in the Hyderabad Area on the 1st november 1956. (11) No landlord who at any time before the appointed day had resumed land from any tenant for personal cultivation under the bombay Tenancy and Agricultural Lands Act, 1948, or the Hyderabad tenancy and Agricultural Lands Act, 1950 shall be entitled to resume again under S. 14 any land left with the same tenant. "sub-sees. (10a), (10b) and (10c) were introduced in the Act by mysoreacts 14 of 1966 and 11 of 1968. When the new State of Mysore was formed under the States Reorganisation Act, 1956 on 1-11-1956, there were laws in force in the Bombay and Hyderabad Areas of the State governing resumption of lands by landlords. There were no similar laws in the other areas of the State. The Legislature considered it necessary to preserve the rights of the tenants under the laws in force in the Bombay and hyderabad Areas and therefore the Act was amended by Mysore Act 14 of 1965 and Mysore Act 11 of 1968. Sub-secs (1) to (10) of S. 16 lay down two kinds of conditions with regard to resumptions. The first restriction is the condition subject to which the landlord is allowed to resume land from his tenant. The second restriction relates to the extent of lands allowed to be resumed. Sub-secs (1) to (10) of S. 16 lay down two kinds of conditions with regard to resumptions. The first restriction is the condition subject to which the landlord is allowed to resume land from his tenant. The second restriction relates to the extent of lands allowed to be resumed. With respect to all Areas of the State except Bombay and Hyderabad Areas, both these conditions as provided under sub-sees. (1) to (10) of S. 16 are applicable; but, with respect to the Bombay Area of the State, sub- sec. (10b) states that so far as the extent of land resumable by any landlord the same shall be governed by the restrictions and conditions specified in Ss. 31a, 31b and 31c of the Bombay Tenancy and Agricultural lands Act, 1948. Similar provision is made with regard to the extent of land resumable in the Hyderabad Areas of the State under sub-sec. (10c ). The language of sub-sees. (10b) and (10c) makes it clear that there is no conflict between the said sub-sections and sub-sees. (1) to (10) of s. 16 except with regard to the extent of land resumable by a landlord. What sub-sees. (10b) and (10c) state is that the extent of land resumable by a landlord, provided it is resumable under the conditions prescribed by sub-sees. (1) to (10), shall be in accordance with the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 and the Hyderabad Tenancy and Agricultural lands Act, 1950, respectively. ( 5 ) WHEN an application made by a landlord under S. 14 in the Bombay Area or the Hyderabad Area, as the case may be, comes up for decision before the Court, what it has to consider is, whether the landlord is entitled to resume any land from his tenant under the conditions laid down in S. 14 and sub-secs (1) to (10) of S. 16 of the Act. If the landlord is so entitled to resume, the extent of the land resumable has to be determined in accordance with the provisions of Ss. 31a, 31b and 31c of the Bombay Tenancy and Agricultural Lands Act, 1948 as inserted by Bombay Act 13 of 1956, in the Bombay area. If the landlord is so entitled to resume, the extent of the land resumable has to be determined in accordance with the provisions of Ss. 31a, 31b and 31c of the Bombay Tenancy and Agricultural Lands Act, 1948 as inserted by Bombay Act 13 of 1956, in the Bombay area. Similarly, the extent of land resumable in the Hyderabad Area shall be determined in accordance with the restrictions and conditions specified in the Hyderabad Tenancy and Agricultural Lands Act, 1950, as in force in the Hyderabad Area on the 1st of November, 1956. ( 6 ) SRI C. M. Desai, has brought to our notice an unreported decision of venkataswami, J. in CRP. No. 1148 of 1970 where the learned Judge has taken the same view holding that sub-sec. (10c) of S. 16 relates only to the extent of land resumable in the Hyderabad Area. Our answer to the reference is that in a case arising in the Bombay area under S. 14 of the Act, the provisions of sub-sees. (1) to (10) of S. 16 have to be taken into consideration, except with regard to the extent of land resumable by the landlord and that the extent of land resumable has to be determined in accordance with the provisions of Ss. 31a, 31b and 31c of the Bombay Tenancy and Agricultural Lands Act, 1948, as inserted by Bombay Act 13 of 1956. --- *** --- .