ile extra aval karkun reduced this point of companytroversy into an issue to this effect number 4.
he therefore carried an appeal against the order of the karkun to the district deputy companylector.
14 and 25 2 of the bombay tenancy and agricultural lands act 1948 hereinafter called the act on the ground that the tenant had companymitted defaults in payment of the rents for the years 1953 54 1954 55 and 1955 56.
the deputy companylector who was the final tribunal of fact in his order dated september 30 1961 numbered that the rent of the suit land was fixed at rs.
the tenant did number challenge this order by way of revision or otherwise.
the companylector did number accept this companytention for the reason that there has been a companypromise between the parties and so the force of willfulness of default does number remain.
5001 per annum.
from the judgment and order dated 10th august 1970 of the bombay high companyrt in s.c.a.
tion to reopen the issue relating to the amount of agreed rent between the parties.
a set aside the order of the deputy companylector and directed delivery of possession of the suit land to the landlord.
sunanda bhandare for the appellant.
the judgment of the companyrt was delivered by sarkaria j. this appeal is directed against the judgment and order dated 10th august 1970 of the high companyrt of judicature at bombay.
685/5/ per annum but somewhat inconsistently remanded the case to the karkun for calculating the exact amount of arrears upto the date of the order.
it is therefore too late in the day for the appellants to urge that the agreed rent for the years in question was number rs.
what was the rent fixed between the parties in respect of the suit lands.
1962 suppl.
1700/ towards the two years rent at the agreed rate but beyond the stipulated time.
685/5/ but rs.
but the landlord preferred on appeal to the district deputy companylector jalgaon who on september 30 1961 allowed the appeal set aside the order of the aval karkun and remanded the case for finding out the exact amount of the arrears up to the date of the order and decreeing the claim accordingly.
civil appellate jurisdiction civil appeal number 697 of 1971.
it also examined the law laid down by this companyrt in raja ram mahadevs case supra .
before the deputy companylector the landlord companytended that the previous defaults should also be taken into account so that the tenant was number entitled to any relief against forfeiture.
number 1430 of 1967.
he however refused to pass any order for payment of the subsequent rent.
for impugning this order dated april 13 1967 of the tribunal the tenants moved the high companyrt by a writ petition under article 227 of the companystitution.
the landlord felt aggrieved against that part of the order by which the aval karkun had granted relief to the tenant against forfeiture.
c. bhandare p. h. parekh and mrs.
appellants are heirs of one ramkrishna khandu chaudhari who was a protected tenant of the suit lands belonging to respondent number 1.
the landlord preferred a revision to the maharashtra revenue tribunal which allowed the same by its order dated september 4 1962 and remanded the case to be examined in the light of.
d. bal and s. v. parekh and s. v. tambvekar for the respondent.
the landlord made an application against the tenant in the companyrt of extra aval karkum for possession of the suit lands under s. 29 read with ss.
the tenant did number appeal against this order.
