Judgment

K. C. DAS GUPTA, J. : On 22-8-1949, the respondent made an application in the Revenue Court of the Mamlatdar of Sirsi, District Kanara, praying for delivery of possession of property which the appellant was on that date possessing as the tenant under him, on the basis of a "Mulegeni" deed executed by the respondent s predecessor-in-interest in favour of the appellant s predecessor-in-interest. One of the terms of the lease was that if rent for three consecutive years fell in arrears the Mulegeni right will be void and the lessee should hand over possession of the property to the lessor. In the application made in the Mamlatdar s Court the respondent based his claim for possession on this express condition in the lease as also on an alleged termination by him of the tenancy. The Bombay Tenancy and Agricultural Lands Act, 1948 (Bombay Act No. LXVII of 1948) hereinafter referred to as the Bombay Tenancy Act, which it is not disputed applied to this tenancy contained provision for termination of tenancy in its S. 14.

2. The defendant-appellant admitted that rent for three successive years had not been paid but contended inter alia that the plaintiff was not entitled to an order