( 1 ) THIS second appeal is preferred against the judgment and decree dated 9-12-1976 passed in r. a. No. 279/1972 by the principal civil judge, chikodi, confirming the judgment and decree dated 11-9-1968 passed by the munsiff, chikodi, in O. S. No. 59/1965.

( 2 ) THE appellants are the defendants. The respondents are the plaintiffs.

( 3 ) THE respondents filed the aforesaid suit for a declaration that they have become the owners of the schedules a and b properties and have also come to possess leasehold right in c schedule properties and further they have come to possess the same right which the deceased testator dadu babaji berad alias naik (hereinafter referred to as 'dadu') enjoyed in d schedule properties.

( 4 ) ALL the properties are the agricultural lands. It is not in dispute in this case that agricultural lands comprised in schedules a and b were owned by the testator dadu. It is also not in dispute that dadu was in possession of lands described in schedule c as protected tenant under the Provisions of Bombay Tenancy and Agricultural Lands Act, 1949 (hereinafter referred to as the b. t. and a. l. act), as far as the properties described in schedule d are co