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1965 Supreme(Bom) 38

H.K.CHAINANI, H.R.GOKHALE
DATTU NIKAM – Appellant
Versus
VINAYAKRAO PATWARDHAN – Respondent


JUDGMENT

CHAINANI C. J. - The petitioners father was a tenant of two lands, belonging to opponents Nos. 1 and 2 (hereinafter referred to as the opponents). As there were defaults in the payment of rent for the years 1951 -52, 1952 -53 and 1953 -54, the opponents gave a notice terminating the tenancy on December 27, 1954. This notice was served on the petitioners father on December 9, 1954. It appears that there were further defaults in the payment of rent for the years 1954 -55 and 1955 -56. On March 23, 1957,the opponents made an application under section 29 of the Tenancy Act for obtaining possession of the lands. The petitioners father died during the pendency of the proceedings and the petitioner was brought on record as his heir. The Additional Tenancy Aval Karkun who heard the application came to the conclusion that there had been defaults for more than three years. He, therefore, directed that possession of the lands should be restored to the opponents. This order has been confirmed in appeal by the Prant Officer and in revision by the revenue Tribunal.

2. Mr. Gole, who appears on behalf of the petitioner, has contended that the application made by the opponents for p















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