Judgment

SARKARIA J.:- This appeal in directed against the judgment and order, dated the 10th August, 1970, of the High Court of Judicature at Bombay.

2. Appellants are heirs of one Ramkrishna Khandu Chaudhari who was a protected tenant of the suit lands belonging to Respondent No. 1. The landlord made an application against the tenant in the Court of Extra Aval Karkum for possession of the suit lands under S. 29 read with Sections 14 and 25(2) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter called the Act) on the ground that the tenant had committed defaults in payment of the rents for the years 1953-54, 1954-55 and 1955-56. The Aval Karkun who tried the application, found that the annual rent of the lands payable by the tenant had paid Rs. 1045/12/- towards the rent of these three years. He held that the appellants were not willful defaulters and granted them under S. 25 (1) three months time to pay the arrears of rent. He however refused to pass any order for payment of the subsequent rent. The tenant did not appeal against this order. But the landlord preferred an appeal to the District Deputy Collector, Jalgaon who on September 30, 1961 allowed the appeal se