Judgment

SHAH, J. : The first respondent Tukaram was a protected lessee with the meaning of that expression in the Berar Regulation of Agricultural Leases Act 24 of 1951 - hereinafter called "the Berar Act" in respect of certain land at Mouza Karwand in the Vidarbha Region (now in the State of Maharashtra). The appellant - who is the owner of the land - served a notice under S. 9(1) of the Berar Act terminating the tenancy on the ground that he required the land for personal cultivation, and submitted an application to the Revenue Officer under S. 8 (1) of the Berar Act terminating the tenancy on the ground he required the land for personal cultivation, and submitted an application to the Revenue Officer under S. 8 (1) (1) (g) of the Berar Act for an order determining the tenancy. The Revenue Officer determined the tenancy by order dated July 2, 1957 and made it effective from April 1, 1958. In the meantime the Governor of the State of Bombay (the Vidarbha region having been incorporated within the State of Bombay by the States Reorganisation Act 1956) issued Ordinance 4 of 1957 which was later replaced by Act 9 of 1958 known as the Bombay Vidarbha Region Agricultural Tenants (Prote