Judgment

KAILASAM, J.:- This appeal arises out of special leave granted by this Court against the judgment and order of the High Court of Judicature Bombay at Nagpur. For convenience sake we will refer to the appellant as the tenant and the respondent No. 1 as the landlord because the history of the litigation is 25 years old and the parties had resorted to various remedies before various Tribunals.

2. The dispute related to Field Survey No. 6 area 15 acres 23 gunthas in the village Gangaon. Jodhraj the father of Narnarayan, the landlord before us, died some time in 1942. Narnarayan who was then a minor became the owner and his widowed mother Trivenibai leased the land on behalf of the minor to the tenant before us, for one year. After the expiry of the lease on 31st January 1952, the tenant refused to deliver possession of the field. The mother filed the suit, Suit No. 125-A of 1952 for possession. The suit as well as further proceedings by way of appeal and second appeal failed and the tenant was held to be protected lessee for a period of five years from 1951-52.

3. Availing himself of the benefit of S. 9-A of the Berar Regulation of Agricultural Leases Act which enabled the mino