Judgment

SINHA, C.J.I.: The only question for determination in this appeal is whether the defendants-appellants are protected tenants within the meaning of the Bombay Tenancy Act (Bombay Act XXIX of 1939) which hereinafter will be referred to for the sake of brevity, as the Act of 1939), whose rights as such were not affected by the repeal of that Act by the Bombay Tenancy and Agricultural Lands Act (Bombay Act LXVII of 1948) which hereinafter will be referred to as the Act of 1948). The Courts below have decreed the plaintiff s suit for possession of the lands in dispute holding that the defendants were not entitled to the protection claimed by them as protected tenants. This appeal is by special leave granted by this Court on April 4, 1955.

2. The facts of this case are not in dispute. Shortly stated, they are as follows. By virtue of a lease dated October, 30, 1939, the defendants obtained a lease of the disputed lands from the plaintiff for a period of 10 years, expiring on October 30, 1949. The lands in dispute have been found to lie within two miles of the limits of Poona Municipality. The landlord gave notice on October 22, 1948, terminating the tenancy as from October 30,