KRISHNA BAI Vs. CHOMA GOWDA

JUDGEMENT

(1.) Petitioner is the landlord. He filed a petition under S.41(2) of the Mysore Land Reforms Act, 1961 (herinafter called the Act), for eviction of the respondent-tenant on the ground that the tenant had failed to pay the rent of his lease-hold during two consecutive years. The allegation, was that the rent for the year 1965-66, "1966-67 had not been paid. It was alleged by the landlord that he issued a notice as per Ext.P5 dt.2-5-1966 informing the tenant that he had failed to pay the rent for the year 1965- 66. Similarly, another notice as per Ext.P7 dt. 1-5-1967 was issued regarding the default for the year 1966-67. Thereafter, the landlord issued a notice as per Ext.P9 dt. 19-7-1967 informing the tenant that he had failed to pay the rent for the two consecutive years 1965-66 and 1966-67. The tenant having failed to remedy the breach within 6 months, the application was filed for possession under the provisions of S.41(2) of the Act. The tenant resisted the application.

(2.) The Land Tribunal, Puttur, South Kanara, by the order passed on 8-7-1968 dismissed the application. It was held that the notice issued was not in accordance with the provisions of S. 22 of the Act and also that there was no proper termination of tenancy.

(3.) The order was challenged before the Court of the District Judge of South Kanara at Mangalore in MA. No. 141 of 1968. The learned District Judge by the judgment dated 6-1-1971 has affirmed the order passed by the Land Tribunal. The learned appellate Judge has affirmed the findings of the Land Tribunal on both the questions, namely that the notice issued was premature and that he did not terminate the tenancy as required by the proviso to S. 22(1) of the Act. It is this order that is challenged in this revision petition.