JUDGMENT

K. RAMASWAMY, J.:— The facts relevant to the controversy are as under.

The appellant had taken on lease, about 55 years ago, an extent of 2 acres, 6 gunthas of agricultural lands situated in Akote village from Vishwas Rao. The Bombay Tenancy and Agricultural Lands Act 67 of 1948 for short the Act applies to the lease. By operation of S. 32(1) the appellant became a deemed purchaser from tillers day i.e., April 1. 1957. S.32-G provides the procedure to determine purchase price. Since the landlord was insane, the right to purchase was statutorily deferred under S. 32-F till date of its cessation or one year after death. Under S. 88(1)(b) of the Act certain areas abutting Baroda Municipality were notified as being reserved for non-agricultural or industrial purpose with effect from May 2, 1958. By another notification pubished in the Gujarat State Gazette dated July 2,1964, certain lands including those situated in Akote and of the appellants lease hold lands were reserved for industrial purpose. Consequently Ss.1 to 87 of the Act do not apply to the exempted area. While the landlord was continuing under disability, his son Vasant Rao sold the land to the respondent under regi