JUDGMENT

KANIA, J.

( 1 ) THIS is an appeal by special leave against the judgment of a learned Single Judge of the Bombay High court.

( 2 ) THE facts necessary for the disposal of the appeal can be shortly stated. The respondent before us, who was the petitioner before the Bombay High court, is the owner of three agricultural lands described in the judgment appealed against, situated at Talkhed, Taluk Malkapur, District Buldana in the Vidarbha area of Maharashtra. Originally, these fields belonged to one Hiralal who died in 1916. Hiralal started the construction of a dharamshala and a temple in 1912 in the said lands which construction was completed by the respondents mother during the minority of the respondent. The respondents mother also constructed another dharamshala on a separate piece of land. The facts on record show that Umaji, the father of the appellant, was appointed a pujari by the then landlord to worship the idols in the aforesaid temple and to look after the management of the dharamshalas on behalf of the landlord. Under an agreement with the landlord, the aforesaid three agricultural lands were cultivated by Umaji but instead of being paid in cash for the services ren