JUDGMENT

K.N. SAIKIA, J.:— This appeal by Special Leave is from the judgment of the High Court of Bombay dated 16th Sept. 1976, in Special Civil Application No. 2741 of 1971 upholding the judgment of the Maharashtra Revenue Tribunal.

2. The suit land bearing Survey No. 182, owned by Shankarlal Kunjilal, was taken under Government management as per order of the Assistant Collector, Jalgaon bearing No. Ten WS-946 dated 14-12-1950 as the land was lying fallow for two consecutive years. The Mamlatdar, Raver was appointed as a Manager thereof u/S.45 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Act. After assuming the management the land was leased out to the appellant Dhondu Choudhary by the Mamlatdar for a period of 10 years by an agreement of lease dated 7-12-1951. The period of lease accordingly expired on 6-12-1961. However, the management of the land was terminated by the Government by the Assistant Collectors order dated 27-7-1963, and the possession there6f was ordered to be restored to the respondent landlord. There was nothing on the record to show that the lease which expired on 6-12-1961 was extended by the manager thereafter till the termination of management by order dated 27-7-1963.

3. The appellant claimed that he was paying rent to the Mamlatdar during the period of 7-12-1961 to 27-7-1963 and thus continued to be a tenant in respect of the land. He filed a Civil Suit against the respondent in the Court of Civil Judge, Raver, who made a reference to the Mamlatdar, Raver who held that the appellant continued to be tenant. The respondents appeal to the Assistant Collector having failed, he moved a revision application before the Maharashtra Revenue Tribunal, hereinafter referred to as the Tribunal, wherein the question arose whether the appellants tenancy was subsisting on 27-71963, and whether he had become the tenant in respect of the land since that date under the Act.

4. Relying on a bench decision of the Bombay High Court in Special Civil Application No. 1077 of 1961 Ghambhir Lal Laxman Das v. Collector of Jalgaon (decided on 20-12-1962) wherein it was held that the person to whom lease was granted by the Manager of the land which was taken under Government management, could not continue to be the tenant after the expiry of the period of 10 years without a fresh lease, and that after the management was terminated by the. Government on expiration of the lease, the tenancy under the lease could not be said to be subsisting on the date on which the management was terminated, the Tribunal held that the appellant could not continue as tenant since termination of the lease on 27-7-1963. The Tribunal further held that since the land was taken under the Government management by the order of the Assistant Collector u/ S. 88(1) of the Act the provisions of Ss. 1 to 87 were not applicable and the appellant, therefore, could not continue to be tenant after the expiration of the period of lease on 6-12-1961. The High Court in the Special Civil Application under Art. 227 of the Constitution of India having upheld the above finding of the Tribunal, the appellant obtained Special Leave.

5. The only submission of the learned counsel for the appellant Mr. Sishir Sharma is that the appellant having continued payment of rent to the Mamlatdar even after expiry of the lease till the termination of management, he continued to be a tenant which the landlord could not avoid on resumption of the land. Dr. N. M. Ghatate, the learned counsel for the respondent, submits that the appellant could by no means continue to be a tenant to be in charge of such estate. after his lease expired and no fresh lease was granted to him and more so after the management was terminated on 27-7-1963.

6. We find force in Dr. Ghatates submission. Admittedly the management of the land was assumed by the State Government under S. 65 of the Act. S. 65 deals with assumption of management of lands which remained uncultivated, and