Judgment

CHINNAPPA REDDY, J.:- Bapu Hari Mane, the respondent herein, was a tenant of the land in Survey No. 1436 of the extent of 3 acres 31 gunthas. On 15th April, 1958, he purported to execute a deed of surrender in favour of the landlord, the appellant herein. On 16th April, 1958, the landlord applied to the Mamlatdar and on 15th Oct., 1958, the Manlatdar sanctioned the surrender. By an order dated 1st June, 1959, the Mamlatdar directed delivery of possession of the land to the landlord. Possession of the land was accordingly purported to be delivered to the landlord on 1st September, 1959. On 10th May, 1965, the landlord sold the land to a third party. On 21st May, 1965, the tenant filed an application under Section 70 (b) of the Bombay Tenancy and Agricultural Lands Act, 1948, for a declaration that he was the tenant of the appellant of the land in question. He alleged that the landlord took from him in writing a Rajinama, assuring him that his possession of the land would not be disturbed. He never gave up possession of the suit land and continued to be a tenant of the land. This application was opposed by the landlord. it was alleged on behalf of the landlord that the tenant