( 1 ) THE petitioners herein are the owners of S. No. 756 admeasuring 6 acres situated at Kotambi village of Waghodia Taluka of Baroda District. The two petitioners are related in sense that the second petitioner is the widow of the deceased cousin of the first petitioner and the S. No. stands jointly in the name of the two petitioners. The second petitioner was a widow on April 1 1957 The second petitioner obtained and exemption certificate under sec. 88c of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as the Act ). The respondent herein was an ordinary tenant of the petitioners in respect of this land. The respondent did not pay rent regularly and used to commit defaults in payment of rent. For the years 1960-61 1961 and 1962-63 the respondent committed three defaults in payment of rent. After serving the respondent with due notice for each default a final notice terminating the tenancy was given on July 6 1963 Thereafter the petitioners filed a suit under sec. 29 read with sec. 25 (2) of the Act praying for possession of the land on the ground of three defaults. This suit or application for possession was heard by the Mamlatdar Waghodia T