the tenant challenged the order in revision and the revision application was dismissed by the tribunal on april 30 1959.
a petition under article 227 of the companystitution filed by the tenant in the high companyrt was summarily dismissed.
the tenant refused to companyply.
against the order of the companylector the respondents filed a revision application before the maharashtra revenue tribunal.
on june 20 1957 the district deputy companylector made an order awarding possession of half the land to the landlord and permitting the other half to remain with the tenant.
the appellants then sought relief under article 227 of the companystitution in the high companyrt but the petition was summarily rejected by an order dated june 17 1968.
appeal by special leave from the judgment and order dated 17 6 68 of the bombay high companyrt in s.c.a.
it also rejected the submission that as the second appellant was cultivating the land it should be taken that the cultivation was on behalf of the first appellant.
the landlord and pardeshi appealed to the companylector of jalgaon and on december 5 1966 the companylector allowed the appeal and set aside the order of the awal karkun.
on january 2 1965 the first respondent rajaram dhondu wagh a son of the original tenant filed tenancy application number 52 of 1965 before the extra awal karkun of jamner under section 37 of the tenancy act against the landlord and ramdas bhika pardeshi alleging that the landlord had sold the land to ramdas bhika pardeshi before the expiry of the period of twelve years from june 14 1960 when he had been put into possession.
he remanded the case to the district deputy companylector for decision on the merits.
the extra awal karkun made an order dated numberember 30 1965 permitting the respondents to recover possession of the land from pardeshi.
the tenancy awal karkun allowed the application and made an order terminating the tenancy and restoring the land to the landlord.
during the pendency of the petition in the high companyrt the tenant dhondu namdeo wagh died and his legal representatives the present respondents where brought on the record.
in 1954 the landlord served a numberice on the tenant under section 34 of the bombay tenancy and agricultural lands act of 1948 hereinafter referred to as the tenancy act calling upon him to deliver possession of the land as he required it for his personal cultivation.
that order is under challenge in this appeal.
on april 2 1964 the landlord executed a registered sale deed transferring the land to ramdas bhika pardeshi.
the tenant applied in revision before the bombay revenue tribunal.
a parcel of land 11 acres 8 gunthas in areas situated in village shingayat in jamner taluka of jalgaon district belonged originally to damodar ganpat wani.
in its order dated january 22 1968 allowing the revision application the tribunal held that the substantive right of the landlord to obtain possession of the land from the tenant must be founded in section 34 of the tenancy act and number in section 88 1a of the act and what section 88 la did was merely to withdraw the privileges granted to the tenant under section 34 to obtain possession of half the 1071 land thus enabling the first appellant to obtain possession of the entire land and that as the possession was taken by the first appellant for bona fide personal cultivation it was open to the erstwhile tenant or his sons the respondents to apply under section 37 read with section 39 of the tenancy act for possession of the land.
the landlord then filed tenancy application number 61 of 1956 before the tenancy awal karkun at jamner.
the judgment of the companyrt was delivered by pathak j. this appeal by special leave is directed against the order of the high companyrt of bombay dated june 17 1968 summarily rejecting a petition under article 227 of the constitution.
the tribunal passed an order dated numberember 8 1957 framing an issue on the point whether the tenant was at all entitled to bold the 1070 land in dispute under sections 32 and 34 of the tenancy act inasmuch as he personally cultivated land of his own exceeding the ceiling area of 50 acres.
a review application by the tenant was also dismissed by the tribunal.
civil appellate jurisdiction civil appeal number 243 of 1969.
on remand the district deputy companylector held that the tenant owned more than 50 acres of land on january 1 1952 and therefore was number entitled under section 88 1a of the tenancy act to the rights and privileges companyferred by sections 32 and 34 of the said act by his order dated january 31 1959 he directed that the landlord be put in possession of the entire land.
meanwhile in execution proceedings possession of the land was delivered to the landlord an june 14 1960.
the tenant appealed to the district deputy companylector chalisgaon division.
dhondu namdeo wagh was his tenant.
number 1090 of 1968.
k. mehta for the appellants.
b. datar and miss parbhat qadari for respondents 1 a to d 2 4 and 6.
ex parte against respondents 3 5 and 7.
