Judgment

R.M.SAHAI, J.

(for Thommen, J. and himself)

(1) THE short question of law that arises for consideration in this appeal, by grant of special leave under Article 136 of the Constitution of India, is if a tenant under the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the Act) who surrendered the tenancy can be said to have been dispossessed so as to claim benefit under Section 32(1-B) of the Act added, in 1969 in Ch. III, dealing with Special Rights and Privileges of Tenants and Provisions for Distribution of Land for Personal Cultivation.

(2) FOR this purpose it is necessary to state facts in brief. A suit was filed by Respondent 1 - plaintiff (referred to as plaintiff) against Respondent 2 - defendant (referred to as the defendant) and the appellant-defendant 2 (referred to as the appellant), on the allegation that a conditional mortgage was executed by the plaintiff in favour of defendant in 1952 after getting the land surrendered from the appellant but since the defendant was not willing to hand over possession despite offer of paying the mortgage amount, a declaration may be granted that he was the owner of the land