SATYANARAYAN LAXMINARAYAN HEGDE Vs. MALLIKARJUN BHAVANAPPA TIRUMALE

JUDGEMENT

(1.) On 22-8-1949, the respondent made an application in the Revenue Court of the Mamlatdar of Sirsi, District Kanara, praying for delivery of possession of property which the appellant was on that date possessing as the tenant under him, on the basis of a "Mulegeni" deed executed by the respondent's predecessor-in-interest in favour of the appellant's predecessor-in-interest. One of the terms of the lease was that if rent for three consecutive years fell in arrears the Mulegeni right will be void and the lessee should hand over possession of the property to the lessor. In the application made in the Mamlatdar's Court the respondent based his claim for possession on this express condition in the lease as also on an alleged termination by him of the tenancy. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act No. LXVII of 1948) hereinafter referred to as the Bombay Tenancy Act, which it is not disputed applied to this tenancy contained provision for termination of tenancy in its S. 14.

(2.) The defendant-appellant admitted that rent for three successive years had not been paid but contended inter alia that the plaintiff was not entitled to an order for possession of the property as he had not "given notice that he was entitled to obtain possession of the same under the rent agreement and that he had terminated the tenancy." The Mamlatdar overruled this contention and made an order for possession in favour of the plaintiff-respondent subject to the condition that the tenancy of the sub-tenants would not be distrubed.

(3.) On appeal the Collector of Kanara held that the Mamlatdar who had made the order had no power under the Bombay Tenancy Act and so had no jurisdiction to make such an order. He also held that the plaintiff respondent was not entitled to an order for possession as the tenancy had not been terminated by due notice. Accordingly he allowed the appeal and set aside the order of the Mamlatdar.