JUDGMENT:

Dr. ARIJIT PASAYAT, J. -- A two judge Bench doubted the correctness of some of the observations made in Moreshwar Balkrishna Pandare & Ors. v. Vithal Vyanku Chavan and Ors. [2001(5) SCC 551] and therefore referred the matter to a larger Bench and that is how the matter was posted before us. The essence of the judgment in Moreshwar s case (supra) was that once an action in Section 31-B is taken, Section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 (in short the Act ) has no relevance.

2. In the instant case, the original owner had expired. Undoubtedly, the certificate had been issued to him under Section 88-C with reference to the qualification possessed by the landlord as on 1st April, 1957. The question which fell for consideration before the High Court was the effect of the death of the original landlord who had either applied for issuance of certificate under Section 88-C, which is pending, or was the certificate already granted in his favour. In Paragraph 27 of Moreshwar s case (supra) it is held that once certificate under Section 88-C is issued and the landlord has issued notice in e