Judgment

VAIDIALINGAM, J. :- This appeal, by special leave, is directed against the judgment and order dated July 13, 1966 of the High Court of Bombay (Nagpur Bench) in Special Civil Application No. 499 of 1965 filed under Article 227 of the Constitution by the first respondent herein (to be referred as the tenant).

2. The appellant (to be referred as the landlord) was the daughter of one Champatrao. She had obtained from her father under a gift deed dated September 15, 1944 the suit field survey No. 56 of an extent of 27 acres 37 gunthas. As owner of the lands she served a notice dated March 31, 1962 on the tenant informing him of her intention to terminate his tenancy of the lands on the ground that she required the lands bona fide for her personal cultivation. On March 30, 1963 she filed an application before the Naib Tahsildar, Darwha under Section 36 read with Section 39 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act. Bombay Act No. XCIX of 1958 (hereinafter referred to as the Act) for termination of tenancy of the tenant and for directing him to surrender possession of the entire lands comprised in field survey No. 56. Later on she amended her application an