KASHIPRASAD RAMANARAYAN AGRAWAL Vs. USMANKHAN GULABKHAN

JUDGEMENT

(1.) THIS is a petition by the land-holder complaining against the orders made by the revenue authorities by which the prayer of the land-holder to put him in possession has been negatived.

(2.) THE respondent Usmankhan, being the tenant, was proceeded against by the land-holder after giving notice under Section 19 of the Bombay Tenancy and Agricultural Lands (Vidarbha region) Act, (hereinafter referred to as the act), in that he had not paid the lease money for the year 1960-61. the registered notice was served and in spite of that, the lease-money payment was not forthcoming and, therefore, an application was filed on 9-4-1962 against. Usmankhan which is an application under section 36 of the Act. In this application a specific prayer was made that possession of the property be handed over to the land-holder in accordance with law. The cause for application was, determination of the tenancy for non-payment of the lease-money.

(3.) A notice was issued to the tenant and, in reply, the tenant stated that he be given time till the season for the payment of the lease-money. He also gave the reason to the effect that there had been failure of crops in that year. After hearing the parties, on December 24 1962. Tahsildar passed an order, which is referable to the provisions of Section 30 (1) of the Act. The operative part of the order reads as under:-