JUDGMENT

Syed Shah Mohammed Quadri, J.-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.

2. Before adverting to the contentions of the parties it will be appropriate to refer to the relevant facts. The predecessor-in- interest of the appellants was the landlord of agricultural land bearing Survey No. 238/1 measuring acres 2 and guntas 5 in village Kalgaon, District Satara, Maharashtra State (for short, the land ). 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, 1946 (all sections referred to in this judgment are of the said Act unless otherwise stated). During the pendency of the tenancy case both the landlord as well as the tenant died. 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 cer