1. A short point which has arisen in this application, which is filed by the tenants under Articles 225 and 227 of the Constitution of India, may be stated in this way. There is an application filed by a landlord under Section 34, Bombay Tenancy and Agricultural Lands Act, 1948, before a Mamlatdar for recovering possession of his lands from his tenant for bona fide personal cultivation. The Mamlatdar considered certain questions of fact, including a question whether the landlord required possession of his lands for bona fide personal cultivation, and came to the conclusion that the landlord wanted possession of the lands for bona fide personal cultivation and ordered the tenant to hand over possession to him.

On the tenant appealing to the Assistant Collector, the Assistant Collector disposed of the appeal only upon a preliminary point raised by the tenant, viz., whether in view of a certain entry in respect of the lands in the record of rights, the respondent before him had established that he was a landlord at all. The Assistant Collector held that the respondent had failed to establish a relationship of landlord and tenant between the parties, that therefore the provision