Judgment

SHAH, J.: Badridas son of Ramgopal was the owner of fields Survey Nos. 2 and 9/2 of village Dhamberi taluq Akot, District Akola. On February 26, 1958, Badridas granted a lease for cultivation of the land to two brothers Kishan and Manik. At the end of the agricultural year 1958-59 Badridas took possession of the lands from Kishan and Manik representing that he desired to cultivate the lands personally. Badridas cultivated the lands during the agricultural years 1959-60 and 1960-61, and thereafter on January 18, 1961 he granted a lease of the lands for four years to Bhagwant son of Pundalik Kishan and Manik then applied on June 30, 1961 under S. 36 (1) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, for an order restoring them to possession alleging that their eviction from the lands was illegal. The Additional Tahsildar dismissed the application, but in appeal the order was reversed. In the view of the appellate authority Kishan and Manik were in 1958-59 tenants of the lands and they were evicted otherwise than in accordance with the law, and that they were entitled to be restored to possession under S. 36 (1) of the Bombay Tenancy and Agricultural