Judgement

SHAH, J. (For himself and Wanchoo, J.): On June 18, 1939, Ishverlal Almaula- hereinafter called the appellant -granted for agricultural purposes tenancy rights in land bearing Survey Nos. 52 and 158 at Kanbivaga in the town of Broach to Nagjibhai father of the respondent, and since that date the land continued to remain in the possession of Nagjibhai and after his death of his son Motibhai. By letter, dated November 2, 1955 the appellant terminated the tenancy and called upon the respondent to deliver vacant possession of the land on March 31, 1956, and filed on April 4, 1956, Suit No. 180 of 1956 in the Court of the Civil Judge, Senior Division, at Broach for a decree in ejectment against the respondent and for mesne profits, The Civil Judge decreed the appellant s claim. In appeal the District Judge, Broach reversed the decree of the Trial Court and dismissed the suit. He held that in view of the proviso to S. 43-C incorporated in the Bombay Tenancy and Agricultural Lands Act 67 of 1948 by Bombay Act 13 of 1956, the respondent continued by virtue of the amendment by Act 13 of 1956 to remain a tenant, and the Civil Court had no jurisdiction to grant a decree for possessio