JUDGMENT

K. JAGANNATHA SHETTY, J.:— The matter arises under the Bombay Tenancy and Agricultural Lands Act, 1948 with regard to entitlement of the appellant-tenant to purchase lands under his occupation. The lands are located at Pimparale village. Admittedly the respondent-landlord leased the lands by two leases to the appellant. The first land was leased under a registered lease deed dated 25 March 1958 for a period of 10 years. The other lands were leased in 1959 and 1960. Under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 ("The Fragmentation Act") the scheme for consolidating was taken up in the village in the year 1951 and it was completed in 1958.

2. Ordinarily, the lease of a land allotted under the Consolidation scheme would be contrary to the provisions of S. 31 of the Fragmentation Act and would be bad in law. Notwithstanding the execution of the leases, the landlord moved the Assistant Commissioner, Jalgaon to declare the leases as void being contrary to provisions of the Fragmentation Act. The Assistant Collector acceded to his request and invalidated the leases. He made the order on 10 December 1963. That order was confirmed by the Commis