Judgment

CHINNAPPA REDDY, J:- In respect of an extent of ten acres and 23 guntas of land in Survey No. 215 of Village Nathare, Haranax, one Tukaram Patla Power was a protected tenant under the provisions of the Bombay Tenancy Act, 1939, as amended by Act 26 of 1946. The landlords, vithal Kulkarni, Vasudeo Kulkarni and Krishnaji Kulkarni gave a notice to Tukaram on 8th March, 1948 under S. 7 (1) of the Bombay Tenancy Act, 1939, alleging that they required the land for their personal cultivation. In Dec. 1948, the Bombay Tenancy Act, 1939 was repealed and replaced by the Bombay Tenancy and Agricultural Lands Act (57 of 1948). Thereafter, on 25th April, 1949, the Kulkarni brothers filed Tenancy Case No. 102 of 1949, before the Aval Karkun to recover possession of the land from Tukaram. The application was dismissed by the Aval Karkun on 29th August, 1949 but in Tenancy Appeal No. 20 of 1950 filed by the landlords, the Collector of South Satara, Sangli, by his order dated 9th May, 1950 directed that possession of the land should be given to the Kulkarni brothers. The landlords accordingly recovered possession of the land on 18th June, 1950. Tukaram died on 31st August, 1951. On 18th Apr