Judgment

DESAI, J.: - This appeal by special leave arises from a judgment rendered by the Gujarat High Court in Special Civil Application No. 542 of 1964 filed by the present respondent No. 1 against the present appellant contending that the land involved in the dispute is not exempt from the operation of the Bombay Tenancy and Agricultural Lands Act, 1948 (Tenancy Act for short).

2. A brief recital of the facts will put the point of law raised herein in proper perspective. Appellant is the owner of Survey No. 165 measuring 2 acres 21 gunthas situated in Village Acher City Taluka, District Ahmedabad. Respondent is and has been the tenant of this land since before 1946. He became a protected tenant under the Bombay Tenancy Act 1939 and his name appeared in the Register of protected tenants maintained under that Act. On the introduction of the Tenancy Act of 1948 the respondent continued to be the protected tenant under it. A very comprehensive amendment was made in the Tenancy Act of 1948 by the Bombay Tenancy and Agricultural Lands (Amendment) Act, 1956 (Bombay Act XIII of 1956) (1956 Act for short). Section 32 as amended by 1956 Act provided for transfer of ownership of the land fro