Judgment

DUA, J.:- This is a landlord s appeal by special leave and is directed against the judgment of a learned single Judge of the Bombay High Court, disallowing the appellant s application under Art. 227 of the Constitution challenging the order of the Maharashtra Revenue Tribunal dated March 26, 1965 partly allowing the revision of Jaidrath and Vittal, tenants (respondents in this Court) presented in the Tribunal under Ss. 28 (2) and 32 (2) of the Hyderabad Tenancy and Agricultural Lands Act, 21, of 1950 (hereinafter called the Act).

2. Jaidrath and Vittal were tenants under the appellant (who was inmadar) and according to the appellant s allegations the tenants were in arrears of rent for three consecutive years, 1957-58, 1958-59 and 1959-60. On June, 18, 1960 the appellant terminated the respondent s tenancy by giving the necessary statutory notice. On August, 4, 1960 an application was presented by the appellant to the Tehsildar, Millam, under Ss. 28 (2) and 32 (2) of the Act praying for arrears of rent amounting to Rs. 1,200 and for possession of the land on the ground that their tenancy had been lawfully terminated. This application was heard by the Naib Tahsildar who allow