Judgment

GROVER, J.: This is an appeal by special leave from a judgment of the High Court of Bombay dismissing a petition under Article 227 of the Constitution which had been filed by appellant Sansthan.

2. The appellant is a private religious Trust, which is managed by Laxman Anant Mulay who is described as a Wahiwatdar (Manager). The main source of income for performing the several acts including the daily worship of the family deity (Shri Kalanka Devi) is stated to be derived from endowed agricultural land. Respondent No. 4 is the tenant in field survey No. 94 with an area of 30 acres 8 gunthas in Mouza Malrajura, district Akola. On January 30, 1961 a notice was served on behalf of the appellant on respondent No.4 under the provisions of Section 38 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, hereinafter called the Act. It was mentioned in the notice that an earlier notice under Section 9 (i) of the Berar Regulation of Agricultural Leases Act had been served in the year 1955 that the Sansthan required the aforesaid field for personal cultivation and, therefore, he should give up possession. Those proceedings were pending but a notice under Section 38 o