MANIKLAL UGARCHAND SHAH Vs. MANIKRAO GANAPATRAO GHADGE

JUDGEMENT

(1.) IN this Writ Petition, the Order of the Civil Judge, Senior Division, Pune, passed below Exh. 92 in Special Civil Suit No.226 of 1973 has been impugned. The Petition arises as under :

(2.) THE Petitioner filed the aforesaid Suit for recovery of the rent for the years 1967-68 to 1972-73 from the defendants in respect of the land at gat nos. 42 and 105 situated at Village Jalochi, Tal.Baramati, District Pune. In his written statement, the defendant contended that there was a famine during these years and therefore, the payment of land revenue was exempted and therefore, he was not liable to pay the rent to the landlord during this period in view of the provisions of the Bombay Tenancy and Agricultural Lands Act. In that behalf, the learned Judge framed two issues, out of many, which are as under :-