JUDGMENT

CHANDRACHUD, J.:—The respondent Shri Nageshwardeo Patas Abhishekh Anusthan Trust filed a suit against the appellant Gopala Ganu Wagale, since deceased, for possession of two lands, Survey Nos. 249 and 544 situated at Patas, district Pune, alleging that the appellant was a trespasser. The appellant having raised a plea that he was in possession of the lands as a tenant, the trial Court referred the issue of tenancy to the Tehsildar under S. 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948. the Court also referred another incidental issue to the Tehsildar as to whether the appellant could be deemed to have purchased the suit lands on the tillers day, namely, April 1, 1957.

2. The Tehsildar, relying upon the notice dated December 22, 1956 issued by the respondent to the appellant under S. 31 of the Bombay Tenancy Act and upon the proceedings initiated by the Agricultural Lands Tribunal under S. 32-C of the Tenancy Act, answered the issues in favour of the appellant by holding that he was in possession of the lands as a tenant of the respondent-trust. Respondents appeal against the decision of the Tehsildar was dismissed by the Additional Collector and in revision,