95 for 1951 52 and Rs.
having admittedly accepted all the rents due to them before the, institution of their application the defaulter were number wilful and the Deputy Collector had therefore the discretion number to order eviction.
For the year 1953 54 the landlords filed an assistance suit and the tenant paid the rent on May 5, 1955.
The appellants took the matter to the Revenue Tribunal.
47/8/ being half the rent for 1952 53.For the year 1952 53 half of the amount of rent due from him was paid in April 1956.
The Mamlatdar dismissed the appellants application on the ground, that the tenant having paid up the rent due by him and there being numberarrears at the date of the institution of the application the appellants were, number entitled to an order of ejectment.
In the appeal filed by the appellants before the District Deputy Collector, it was held that though the, tenant had failed to pay the rent on the due date, the appellants.
there was numberground for interfering with the Tribunals order.
Appeal by special leave from the judgment and order dated October 16, 1962 of the Bombay High Court in Special Civil Application No.
The appellants obtained special leave from this Court against the High Courts order and.
that is how this appeal has companye up before us.
142 companyprised of Rs.
As the tenant made default in paying the rent the appellants served him with a numberice terminating the tenancy.
The amount of Rs.
The Act applicable to the said application is Act LXVII of 1948 before its amendment in 1956, The position as regards the rent was that for the year 1951 52 the landlords had filed a suit for recovery of the rent and the tenant had paid Rs.
65 of 1962.
31 of 1965.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
142 after his appeal against the decree passed against him was disposed of on June 8, 1956.
P. Malhotra and P. C. Bhartari, for respondent No.
On March 12, 1957 they filed an application under section 29 of the Bombay Tenancy and Agricultural Lands Act LXVII of 1948 before the Mamlatdar for eviction and possession on the ground that the tenant had failed to pay rent on the due dates, that is, March the 20th of each of the years 1951 52 to 1954 55 and that therefore they were entitled to an order of ejectment under section 25 2 of the Act.
The Judgment of the Court was delivered by Shelat, J. The appellants are the landlords and respondent I the tenant in respect of Survey Nos.
15.17/2, 1500/2 and 1500/4 situate in village Nangalwedha, District Sholapur.
For the year 1954 55 the tenant paid and the landlord received the rent on April 12, 1955.
S. Shukla, for the appellants.
95 per year.
Under the tenancy the agreed rent was Rs.
