GULABCHAND DIPCHAND GOLCHA Vs. NIMBAJI BHIKU BARI

JUDGEMENT

(1.) THE only substantial question of few, which is involved in this appeal is whether after the Berar Regulation of Agricultural Leases Act, 1959 (hereinafter referred to as the Berar Leases. Act) was repealed) by section 113 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as the Vidarbha Tenancy Act), a landlord is entitled to file a suit for evicting a tenant, whose application under section 9 (3) of the Berar Leases Act challenging the notice given by the landlord terminating the lease was rejected.

(2.) THE facts leading to this reference are as under:

(3.) AFTER the decision of the Second Appeals, Punamchand filed Civil Suit No. 87 of 1961 against the respondent for possession of the land in question and also for recovery of mesne profit amounting to Rs. 154/ - . Punamchand, however, died during the pendency of the suit and the appellants were brought on record as his legal representatives on the basis of a will executed by him. The Trial Judge dismissed the suit for possession holding that respondent's tenancy was not lawfully terminated by the notice dated 21st December 1956 because the proceedings for termination of respondent's lease, which were governed by sub section (3) of section 132 of the Vidarbha Tenancy Act were not finally disposed of. The Trial Judge did not grant the claim for mesne profits and held that the appellants were only entitled to lease money. However, even though the monetary claim was decreed on that basis, the suit was ultimately dismissed because the appellants failed to produce either a succession certificate or letters of Administration as directed.