JUDGMENT -Chagla, C.J.

1. The question that arises in this revision application is with regard to the Jurisdiction of the Civil Court to maintain a suit in which an order made by the Mamlatdar under the Bombay Tenancy Act has been challenged as ultra vires, and the brief facts which lead up to this revision application may be stated.

2. An application was made by the landlords, who are the opponents, for possession against their tenant who is the petitioner, under Section29 of the Tenancy Act to the Mamlatdar, and a consent order was taken on August 24, 1948, by which the petitioner agreed to hand over possession to the opponents. It is the case of the petitioner that thereafter there was a fresh tenancy agreement between him and the opponents and that was in July 1949, and by reason of this fresh tenancy agreement the petitioner continued to remain on the land and the landlords never took possession of it.

It is further the case of the petitioner that in July 1950 he exchanged with the consent of the landlords 3 acres and 11 gunthas of the land demised to him with the same area which had been demised to another tenant. On February 15, 1952, the landlords applied to execute the order

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