Judgement

SHAH, J. : Survey No. 126 admeasuring 11 acres and 20 gunthas of Mouje Telod District Broach belonged to the ancestors of the appellants. By deed dated July 24, 1891, the owners mortgaged the land to one Umiyashankar with possession. Shortly after the mortgage, the mortgagee inducted one Mohammed Abdul Rahim as a tenant on the land.

2. The appellants as owners of the equity of redemption applied to the court constituted under the Bombay Agricultural Debtor s Relief Act, 28 of 1947, for adjustment of the debt due under the deed dated July 24, 1891 and for redemption of the land mortgaged. On February 19, 1954, an award was made in this application by compromise between the parties declaring that Rs. 3,000 were due to the mortgagee under the deed dated July 24, 1891, that "the land in dispute was in the possession of Mohammed Abdul Rahim as tenant of the mortgagee, and that the mortgagor had the right to take possession of the land from the said tenant." In execution of the award, Mohammed Abdul Rahim - who will hereinafter be referred to as the respondent - was evicted. On June 7, 1954, the respondent applied to the Mahalkari of Hansot for an order under S. 29 of the Bombay