RAGHUNATH AMBADSTRAO Vs. KISHAN VITHOBA KAMBLE

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution filed by a landlord challenging the order of the Tribunal dated 11th October, 1974 allowing the revision application filed by the tenant against the order of the Additional Tahsildar (Agricultural Lands Tribunal) dated 28th February, 1972 and the Dy. Collectors order dated 30th May, 1973 who had granted the landlords application under section 32 read with section 28 of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter called as the Act).

(2.) Respondent Nos. 1 and 2 who are the tenants of the suit lands being Survey Nos. 12 and 14 belonging to the petitioner. Respondent Nos. 3 and 4 who are not really concerned in this petition directly, appear to have came on the said land subsequently.

(3.) Initially the landlord-petitioner had taken proceedings under section 28 read with section 32 of the said Act against respondent Nos. 1 and 2 for recovery of arrears of rent for the years 1961-62, 1962-63, 1963-64 in which a decree for payment of rent was made. Since the rent was not paid as ordered, within the prescribed time, a separate application for possession was made by the landlord which is pending