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1961 Supreme(SC) 382

S.R.DASS, A.K.SARKAR, RAGHUBAR DAYAL
Raja Ram Mahadev Paranjype – Appellant
Versus
Aba Maruti Mali – Respondent


Advocates:
A.G.Ratnaparkhi, B.C.KAMBLE, E.UDAYARATHNAM, RAJINDAR NARAIN, RAMESHWAR NATH ROY, S.G.PATVARDHAN, S.S.SHUKLA, V.L.NARASIMHAMURTY, V.M.LIMAYA

Judgment

SARKAR, J. : These four appeals are by landlords whose applications to the authorities under the Bombay Tenancy and Agricultural Lands Act, 1948, for possession of the lands held by their tenants, on the ground that the tenancies had been terminated by due notices on the tenants failure to pay rents for three years, were dismissed.

2. These authorities refused in three of these cases to make an order for possession either because the tenants had paid up all rent which had fallen in arrear or because the authorities thought it proper on the facts of the case to give them time to pay up. They felt that the tenants were entitled to relief against forfeiture on equitable principles. In the fourth case, which is covered by Civil Appeal No. 259 of 1959, it was held that there had not been on the facts of the case default in payment of rent for three years and, therefore, the tenant was entitled to statutory relief against eviction under S. 25 (1) of the Act which we shall later set out.

3. The High Court at Bombay by a summary order, without stating any reasons, refused to interfere when moved under Art. 227 of the Constitution. The landlords have therefore filed these appeals wit









































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