Judgment

S.P. Kurdukar, J.-The lands bearing Survey Nos. 9/1B, 8B, 3B, 4B, and 5B situate in village Shivgaon, Taluka Khanapur, District Sangli, were owned by one Mahadeo Mohite (since deceased). These lands were Watan lands of Class IV and the said Watan was abolished under the provi­sions of Bombay Pargana and Kulkarni Watan Act, 1950. From 1.5.1956, the interest in these lands vested in the State Government pending the regrant. Concededly, the first respondent Dinkar Deshmukh was the tenant in lawful possession of these lands till 8.2.1959 on which date according to the Watandar Maha­deo Mohite, the tenant had voluntarily surrendered his tenancy rights in his favour. The lands were regranted to the Watandar by the State Government on payment of occupancy price on 8.8.1963. Before such regrant was made. Mahadeo Mohite, the former Watandar, had sold these lands to M/s. Hanumant Rao Deshmukh and Wamanrao Deshmukh the appellants herein, by registered sale deed dated 4.4.1959. Pursuant to this sale transaction, mutation was sought to be made in favour of the appellants to which the tenant objected claiming that he was wrongfully dispossessed by the Watandar and the purchas­ers.

2. Afte