AIR 1972 BOMBAY 81 ::1971 Mah LJ 537

Bombay High Court

Hon'ble Judge(s): Chandurkar , J

(A) Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act (99 of 1958) , S.30(1)— Tenancy Laws - Determination of tenancy by landlord's valid notice u/S.19 - Application u/S.36(3) for eviction of tenant and possession of land - Tenant can be ordered to pay arrears of rent or lease money falling due prior to Act but not paid by him in exercise of jurisdiction for granting relief to tenant u/S.30(1). Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act (99 of 1958) , S.19, S.36(3)— The termination of tenancy is brought about by a notice under Section 19, but there is a bar to obtain possession by the landlord created by Section 36(2) of the Tenancy Act and he has, therefore, to approach the Tahsildar for ejecting the tenant. It is in such a proceeding for ejectment that the Tahsildar exercises his statutory power under Section 30 with a view to grant a relief to the tenant against termination of tenancy.(Para 8) A notice under Section 19 terminating the tenancy in case the tenant failed to pay the arrears of lease money for the three years prior to coming into force of the Tenancy Act is invalid and ineffective. Spl. Civil Appln. No.544 of 1963, D/- 13-1-1965 (Bom), Rel.on(Para 7) But when the landlord issued a second notice under Section 19 ....