YADAV YESHWANT MALI Vs. PUNDLIK PANDURANG PATIL

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution arising out of proceedings under Section 29 read with Sections 14 and 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948. The petitioner is the landlord and respondent No. 1 is the tenant. The lands in suit are Survey No. 694 measuring 11 acres 30 gunthas assessed at Rs. 37 -3 -0 and Survey No. 691/2 measuring 3 acres and 5 gunthas assessed at Rs. 11 -8 -0, both situated at Chopda.

(2.) THE landlord filed the application for possession of these lands after terminating the tenancy by notice on the ground that the tenant had committed defaults in the payment of rent for the years 1955 -56, 1956 -57, 1958 -59 and 1959 -60. He claimed under Sub -section (2) of Section 25 that as there were defaults in the payment of rent due for three years and more, he was entitled to an order of possession against the tenant. That application was filed on September 28, 1960. It must be noted here that this application had been filed pending another application filed by the landlord for possession under Section 29 read with Section 31 of the Act. That application was finally disposed of against the landlord on October 11, 1960.

(3.) FROM that order, the tenant went in. revision before the Maharashtra Revenue Tribunal. But, in the meantime, after his application under Section 29 read with Section 81 had been disposed of on October 11, 1960, the landlord applied to the Mamlatdar for an exemption -certificate under Section 88C of the Act. The application which was filed on July 10,1961 was dismissed by the Mamlatdar on May 31,1962. In appeal to the District Deputy Collector, there was a remand on January 12,1968, and after rehearing, the Mamlatdar by his order dated May 25, 1963 issued the exemption -certificate as the landlord's case was held by him to fall within the requirements of Section 88C. The tenant went in appeal, but the Mamlatdar's order was confirmed by the District Deputy Collector on November 23, 1963.