AMRUTA DINA NANDA GAWALI Vs. MASJID SANSTHA

JUDGEMENT

(1.) HEARD Shri Mohta, the learned Counsel for the petitioners, and Shri Badiye, the learned Counsel for the respondents.

(2.) THIS petition is by tenants of agricultural land admeasuring 9 hectors 24 acres situated at Dhotra Jagir, Tahsil Karanaja, District Akola. The petitioners are the tenants of the respondent trust, which is called Masjid sansthan, Kamargaon represented by its Managing Trustees i. e. the respondents. It appears that the petitioners did not pay any rent since 1959-60 till the year 1980-81, amounting to Rs. 2376/- to the respondents. The respondents, therefore, issued notice dated 3-11-1981 to the petitioners under section 19 of the Bombay Tenancy and Agricultural Lands Act, calling upon them to pay the arrears of rent within three months from the receipt of notice. This notice was received by the petitioners on 5-11-1981, but it was not complied with. The respondents, therefore, applied for termination of tenancy under section 19 read with 30 (1) of Bombay Tenancy and Agricultural Lands Act.

(3.) THE tahsildar, Karanja held that the petitioners have not paid any rent since 1959-60 observing non-compliance of the notice dated 3-11-1981 by which the respondents demanded the arrears of rent. The tahsildar allowed the application holding that the petitioners are in arrears of rent since 1959-60. The tahsildar also required the petitioners to pay the same to the respondent-trust within a period of three months, as required by section 30 (1} of the Tenancy Act. The tahsildar further stipulated that in case the arrears were not paid, the tenancy shall stand terminated and the respondents would be entitled to possession of the said land under section 36 (2) of the Tenancy Act. This order was passed on 21st July, 1986. The petitioners preferred a revision before the S. D. O. Murtizapur. On 21-8-1987 the S. D. O. Murtizapur granted stay to the execution of the order of the tahsildar. By this time, three months granted by the tahsildar to clear the arrears of rent had expired without compliance.