Judgement

SHELAT, J. : The appellants are the landlords and respondent 1 the tenant in respect of Survey Nos. 1517/2, 1500/2 and 1500/4 situate in village Mangalwedha, District Sholapur. Under the tenancy the agreed rent was Rs. 95 per year. As the tenant made default in paying the rent the appellants served him with a notice terminating the tenancy. On March 12, 1957 they filed an application under Section 29 of the Bombay Tenancy and Agricultural Lands Act LXVII of 1948 before the Mamlatdar for eviction and possession on the ground that the tenant had failed to pay rent on the due dates, that is, March the 20th of each of the years 1951-52 to 1954-55 and that therefore they were entitled to an order of ejectment under Section 25 (2) of the Act. The Act applicable to the said application is Act LXVII of 1948 before its amendment in 1956. The position as regards the rent was that for the year 1951-52 the landlords had filed a tuft for recovery of the rent and the tenant had paid Rs. 142 after his appeal against the decree passed against him was disposed of on June 8, 1956. The amount of Rs. 142 comprised of Rs. 95 for 1951-52 and Rs. 47-8-0 being half the rent for 1952-59. For the y