Judgment

JASWANT SINGH, J.:- These appeals by special leave are directed against the judgment and order dated September 15, 1967/September 19, 1967 of the High Court of Judicature at Bombay whereby Special Civil Applications Nos. 1304 to 1306 of 1965 filed by the appellants under Article 227 of the Constitution were dismissed by the said High Court.

2. The facts leading to these appeals are: In 1938, Vasudeo Balwant Telang, since deceased, who was petitioner No. 1 in the aforesaid Special Civil Applications leased out agricultural land in dispute comprised in a portion of R. Survey No. 25/1 and the whole of the Survey No. 26 admeasuring 4 acres and 8 gunthas and 16 acres and 36 gunthas respectively situate in the outskirt of village Haripur in Miraj Taluka of Sangli District of the erstwhile Miraj State (Junior) to Ganesh Bhikaji Bhide, father of Ramchanran Ganesh Bhide, respondent No. 1 herein, on an annual rent or Rs. 320/-. On March 23, 1948, the said Veasudeo Balwant Telang gave notice to respondent No. 1s father intimating the latter that the land taken by him under a kabulayat for cultivation upto April 10, 1948 would not be given to him for the next year. As there was no provision in the tenancy law then in force in the State of Miraj under which respondent No. 1s father could seek protection against his threatened eviction, respondent No. 1 executed a fresh deed of kabulayat on July 14, 1948, in favour of Vasudeo Balwant Telang for a period of one year agreeing to pay Rs. 700/- as rent for that period to the latter. On the merger of the Miraj State in the then province of Bombay, the Tenancy and Agricultural Lands Act, 1939 (hereinafter referred to as the 1939 Act) was extended to Miraj State on August 13, 1948. Prior to the extension of 1939 Act. to the Miraj area, respondent No. 1 had sublet, some portions out of the aforesaid leased Survey numbers in his occupation to respondents Nos 2 and 3. On 30-6-1948, a notice was issued by the revenue authority to Vasudeo Balwant Telang informing him that the respondents Nos. 2 and 3 who had to be deemed to be protected tenants had been recorded as such in respect of areas in their separate possession under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 1948 Act) and that if he had any objection with regard thereto, he was at liberty to obtain a declaration against the same from the Mamlatdar by August 11, 1949 under Section 4 of the Act. Though Vasudeo Balwant Telang contested the notice, the objections preferred by him were overruled and respondents Nos. 1 to 3 were recorded as protected tenants in the record of rights in respect of the areas in their possession. At or about this time, an entry was also made in the record of rights showing Rs. 20/- per bigha as the rent payable by each of the aforesaid three respondents. The total rent of Rs. 320/- per year computed at the said rate of Rs. 20/- per bigha per annum was apportioned between respondents Nos. 1, 2 and 3 at Rupees 200/-, Rs. 80/- and Rs. 40/- respectively. After their recognition as protected tenants in the record of rights, though respondents Nos. 1 to 3 started paying their share of the rent separately to Vasudeo Balwant Telang, the latter credited the payment only to the account of respondent No. 1 On February 21, 1953, Vasudeo Balwant Telang served separate notices under Section 31 of the 1948 Act on respondents Nos. 1 to 3 terminating their tenancies with respect to the parcels of land in their respective possession on the ground that he required the same for his personal cultivation .Pursuant to the said notices, Vasudeo Balwant Telang filed an application on September 29, 1954 against respondents Nos. 1 to 3 for possession of the parcels of land in their cultivation on the ground that he bona fide required them for his personal cultivation. Before filing the aforesaid application for possession, Vasudeo Balwant Telang gave another notice on June, 7, 1954