Judgment

VAIDIALINGAM, J.:- The appellant was a protected lessee within the meaning of the expression contained in the Berar Regulation of Agricultural Leases Act, 1951 (Act 24 of 1951) (hereinafter called the Berar Act) in respect of the suit lands bearing survey No. 23 of an extent of 7 acres and 4 gunthas under the 5th respondent herein who was then the original owner of the lands. The 5th respondent served on the appellant (hereinafter called the tenant) a notice dated December 28, 1955 under Section 9 (1) of the Berar Act terminating the tenancy of the appellant on the ground that he required the lands for personal cultivation: and he also submitted an application to the Revenue Officer under Section 8 (1) (g) of the Berar Act for an order determining the tenancy. The 5th respondent obtained an order from the Revenue Officer on May 15, 1956 directing the tenant to surrender possession of the lands. The 5th respondent in pursuance of the order of the Revenue Officer obtained possession of the lands on April 4, 1957 and continued in such possession till June 21, 1961 on which date he transferred the suit lands to the first respondent (hereinafter to be referred as the landlord) a