BABURAO LAXMAN MULEY Vs. SHIONATH MAHADEO

JUDGEMENT

(1.) THIS appeal has been filed by the original defendant against whom a decree for possession of the suit land has been passed by the trial Court which is confirmed by the first appellate Court.

(2.) THE plaintiffs are the owners of S. No. 28 from Udanapur, tahsil Mehkar, district Buldana and the deceased defendant Laxman was let into possession of this land as lessee for the year 1956 -57. It is common ground that defendant Laxman became a protected lessee under the provisions of the Berar Regulation of Agricultural Leases Act. Though in the plaint it was alleged that the defendant was a partner in cultivation, the trial Court has given a finding that the defendant was a tenant for the year 1955 -56. If he became a lessee for one year under the provisions of the Berar Leases Act, his term would be extended as laid down by the statute and that would make him a protected lessee under Section 3 of the said Act. In the District Court, the finding given by the trial Court was not challenged, on the contrary, a concession was made on behalf of the plaintiffs that the defendant was a tenant for the year 1956 -57 and 1957 -58 and as such a protected lessee.

(3.) THE undisputed facts are that the plaintiffs as landlords served a notice upon the defendant, exh. P -4, dated December 16, 1957. Though the service of notice was denied in the written statement, there is a finding that notice was served and that finding is not being challenged before me.