CHAMPATRAO GIRIDHARRAO Vs. GOVINDA KISHNA MALI

JUDGEMENT

(1.) This special civil application is filed by the original landlord against the order of Maharashtra Revenue Tribunal setting aside the order of the Collector dated 26-4-1977 as well as the order of the Additional Tahsildar, Kannad dated 31-10-72 and remanding the matter back to the Additional Tahsildar for appreciation of the matter on the points as indicated by the Maharashtra Revenue Tribunal in his judgment and for giving findings after perusing the records and it arises out of the following facts.

(2.) This litigation has a little chequerred career and the dispute relates to a portion of 10 acres of land out of survey no. 10 which is numbered as Sutvey no. 10/1. It appears that the petitioner is the landlord and the respondent no. 1 was a tenant. The land is situated in village Rithi in Kannad Taluka of Aurangabad district. The landlord the present petitioner (hereinafter referred to as Landlord) filed an application alleging that the tenant did not pay the rent for the years 196 -68, 68-69 and 69-70 and therefore, he filed suits in the Court of competent authority in that behalf and the said authority passed a decree in favour of the landlord. According to the landlord even after the decree was passed the rent was not paid. The landlord further alleged that for the year 1970-71 also the tenant did not pay rent but according to the tenant he sent the money order, which was refused by the landlord.

(3.) On 21-7-1971, a notice was given by the landlord to the tenant under section 19 (2) of the Hyderabad Tenancy and Agricultural Lands Act 1950 (hereinafter referred to as the Tenancy Act) and it was 'six months' notice terminating the tenancy of the tenant for failure to pay the agreed rent. This notice was admittedly served upon the tenant on 27-7-1971