TIPPAYYA KUPPAYYA VAIDYA Vs. RAMA NARAYANA HEGDE

JUDGEMENT

(1.) This petition raises a very important question relating to the Bombay Tenancy Act, The question broadly put is whether relief against forfeiture can be given under the said Act in cases where there are more than two defaults.

(2.) A large number of cases which are on the list would depend for their decision on a decision of this question. For the sake of convenience we permitted all the learned advocates who appear for the landlords in those cases as also all the learned advocates who appear for the tenants in those cases to argue this question before us. This question, therefore, was argued before us from all possible points of view and we had the fullest assistance from the learned advocates who appeared and argued their respective contentions before us.

(3.) The facts which led up to the filing of the present petition may be shortly stated as follows: The petitioner was the tenant of the suit land. Respondents 2 and 3 are the landlords and they filed an application before the Mamlatdar for possession of the suit land on the ground of Four defaults. The petitioner took, amongst others the defence that as there was dispute between the landlords he did not know to whom the payment had to be made and, therefore, no payment of rent in question could be made. On 16-5-53 the Mamlatdar ordered possession. The petitioner preferred an appeal against the said order to the Prant Officer. On 28-11-53 the Prant Officer allowed the appeal, He held that there was a dispute between the landlords and the defaults were bona fide. The Prant Officer gave relief to the petitioner against forfeiture. Against that order a revision petition was filed before the Bombay Revenue Appellate Tribunal. On 11-4-56 the said Tribunal set aside the order of the Prant Officer and upheld the order of the Mamlatdar. Against that decision the present petition has been filed and, as I mentioned before, the main question, if not the only question, which was argued before us in this petition was whether or not relief against forfeiture can be given as there are more than two defaults in this case.