Judgment

RAY, C. J. :- The question in this appeal by certificate is whether the appellant is entitled to protection of Section 4-B of the Bombay Tenancy and Agricultural Lands Act,1948 hereinafter referred to as the 1948 Act.

2. Section 4-B states that no tenancy of any land shall be terminated merely on the ground that the period fixed by agreement or usage for its duration has expired.

3. The appellant became a tenant of the respondent for a period of five years with effect from 1 March, 1943. The tenancy was in respect of certain agricultural lands belonging to the respondent. The lease contained a clause for renewal for five years. The appellant did not exercise the option of renewal. The lease expired on 28 February, 1948.

4. The respondent by a notice dated 25 October, 1955 terminated the tenancy with effect from 1 April, 1957. The respondent gave another notice to the appellant on 10 June, 1958 without prejudice to the earlier notice and called upon the appellant to deliver possession within 7 days. The respondent on 14 September, 1959 filed a suit against the appellant for possession. The trial Court did not grant a decree for possession. On appeal the High Court also held tha