Judgement

VAIDLINGAM, J. : In this appeal, by special leave, the appellant attacks the judgment and order, dated July 27, 1964, of the Nagpur Bench, of the Bombay High Court, dismissing Special Civil Application No. 322 of 1964.

2. Badridatta Ishwardas Trust is a public charitable trust, maintaining a Dharamshala. The appellant, the Managing Trustee of the said Trust, filed an application, under the provisions of the Bombay Tenancy and Agricultural Lands Vidarbha Region) Act, 1958 (Bombay Act XCIX of 1958) (hereinafter called the Act), before the Naib Tehsildar, Balapur (the third respondent, herein), to direct the fourth respondent, the tenant, to surrender four acres of land, on the ground that the lands were required for being cultivated personally. According to the appellant, the necessary notices, terminating the tenancy of the fourth respondent, had been given, under the Act, and that he was entitled to get possession of the lands, in question.

3. The fourth respondent raised various objections, on merits; but all those objections were overruled, by the third respondent. The fourth respondent raised a legal contention that, inasmuch as the lands, in question, belonged to the Tr