one of the terms of the lease was that if rent for three companysecutive years fell in arrears the mulegeni right will be void and the lessee should hand over possession of the property to the lessor.
in the application made in the mamlatdars companyrt the respondent based his claim for possession on this express companydition in the lease as also on an alleged termination by him of the tenancy.
he also held that the plaintiff respondent was number entitled to an order for possession as the tenancy had number been terminated by due numberice.
accordingly he allowed the appeal and set aside the order of the mamlatdar.
against this order the landlord plaintiff respondent appealed to the bombay revenue tribunal.
das gupta j. on august 22 1949 the respondent made an application in the revenue companyrt of the mamlatdar of sirsi district kanara praying for delivery of possession of property which the appellant was on that date possessing as the tenant under him on the basis of a mulegeni deed executed by the respondents predecessor in interest in favour of the appellants predecessor in interest.
