Immediately thereafter the appellants terminated the tenancy by issuing numberice to the respondents on January 27, 1979 and making application to the Mamlatdar for possession of the land for personal cultivation under Section 33B 3 b read with Section 29 in March 1979.
The aggrieved respondents carried the matter in appeal before the Sub Divisional Officer, Satara Division, who set aside the order of the Mamlatdar by order dated February 25, 1974.
The Additional Commissioner, Pune Division, Pune, having regard to the order of the High Court in the Writ Petition No.2526 of 1974 dated January 11, 1979, rejected the application of the respondents as number maintainable by order dated January 17, 1981.
During the pendency of the tenancy case both the landlord as well as the tenant died.
The respondents assailed the companyrectness of that order in the High Court in Writ Petition No.1560 of 1981.
It is that order which is the subject matter of the appeal before us.
On August 2, 1979, during the pendency of the said application, the respondents applied under Section 88D 1 iv for revocation of exemption certificate on the ground that the income of the appellants had exceeded Rs.1500/ per year.
He filed tenancy case No.252/61 before the Tenancy Aval Karkun Karad for short, the Mamlatdar against Vyanku Daji Chavan, the tenant of the land, claiming exemption certificate under sub section 4 of Section 88C of the Bombay Tenancy Agricultural Lands Act, 1948 all sections referred to in this judgment are of the said Act unless otherwise stated .
The appellants challenged the validity of the said order in the Bombay High Court in Special Civil Application No.2526 of 1974.
Before adverting to the companytentions of the parties it will be appropriate to refer to the relevant facts.
On January 11, 1979 the High Court set aside the said order of the Sub Divisional Officer holding that for purpose of Section 88C the total income of the deceased landlord as on April 1, 1957 should be the criteria and number that of the appellants and thus restored the order of the Mamlatdar by allowing the said writ petition.
By the impugned order dated July 19, 1991, the High Court quashed the order of the Additional Commissioner holding that the application for revocation of the certificate was maintainable and remanded the case for fresh disposal on merits.
The appellants are the legal representatives of the landlord and the respondents are the legal representatives of the tenant.
By order dated April 26, 1972 the Mamlatdar granted exemption certificate under sub section 4 of Section 88C in favour of the appellants.
The predecessor in interest of the appellants was the landlord of agricultural land bearing Survey No.238/1 measuring acres 2 guntas 5 in village Kalgaon, District Satara, Maharashtra State for short, the land .
Syed Shah Mohammed Quadri, J. LITTTTTTTJ This appeal, by special leave, is from the judgment and order of the High Court of judicature at Bombay, allowing Writ Petition No.1560 of 1981, filed by the respondents, on July 19, 1991.
