1. The facts giving rise to these two appeals are briefly these: In Suit No. 336 of 1947 the respondent-plaintiff obtained a decree for partition and separate possession of his share in several agricultural lands. This decree was passed in 1949. It was confirmed in appeal by the High Court, on 22-1-1952. On 5-11-1952, the papers were sent to the Collector under Section 54, Civil P. C. for effecting Partition of the lands.

On 11-1-1965, appellants 1 to 11 in First Appeal No. 292 of 1955 made an application (Ex. 88) to the Court. They stated in that application that they were tenants of the suit lands since before the institution of the suit and that they could not, therefore, be evicted from the lands in view of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948.

They, therefore, prayed that the papers should be called for from the Collector that an order should be made directing the Collector to deliver only symbolical possession of the lands to the respondent-plaintiff, without disturbing the actual possession of these appellants.

On the same day, 11-1-1955, another application Ex. 89 was made by the 14 appellants in Letters Patent Appeal No. 33 of 1955,