AIR 1963 BOMBAY 79 ::64 Bom LR 635 ::ILR (1963) Bom 811

Bombay High Court

Hon'ble Judge(s): H. K. Chainani , C.J. AND K. K. Desai, Y. V. Chandrachud , JJ

(A) Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.14, S.29, S.31— Tenancy Laws - Landlord terminating tenancy u/S.31 - Subsequent application u/S.29 read with S.14 is not untenable. Under the Tenancy Act even after his tenancy has been determined by a notice given by his landlord, the tenant has a legal right to continue in possession until the Mamlatdar has made an order for possession being restored to the landlord. During the intervening period, the tenant has an estate in possession, of which he can only be deprived by an order of the Mamlatdar. A landlord cannot say for certain whether his appliaction for possession based on the termination of the tenancy by him will be granted by the Mamlatdar. Consequently, if during the period between the termination of the tenancy by a notice given by the landlord and the disposal of the application for possession made to the Mamlatdar by the landlord, another ground for taking back possession of the land under the provisions of the Tenancy Act becomes available to the landlord he is able to terminate the tenancy and apply for possession on that ground also. Therefore even after the landlord has terminated the tenancy by giving a notice under S. 31, it is open to him to give another notice intimating to the tenant his intention to terminate the tenancy under S. 14 and to approach the Tenancy Court for p....