ORDER

Short question that arises for consideration in this appeal requires interpretation of Section 32 (1B) which was inserted by amending Act 49/69 in Bombay Tenancy and Agricultural Lands Act, 1948 (for short the Act ). The aforesaid question arises in the context of dispossession of the appellant who was a tenant of land in dispute. It is not disputed that the appellant was a tenant in respect of suit land since 1948-49. In the year 1956, the appellant lost possession of the disputed land otherwise than the procedure prescribed under the Act. It is alleged that on 6.1.1967, the respondent-landlord mortgaged the land to one Bajrang Maruti Kanse. In the year 1969, Maharashtra State Legislature amended the Act by amending Act 49 of 69 whereby Section 32 (1B) was inserted in the Act. Thereafter, in view of the insertion of Section 32 (1B) in the Act, the Tahsildar in the year 1971 started suo motu proceedings for restoration of possession of land to the appellant. However, on 1.3.1972 the Tahsildar dropped the proceedings holding that the landlord was not in possession of land on 31.7.1969. Although, the Tahsildar held that appellant was in possession of the land on 15.6.1955. The