1. This is an application under Articles 226 and 227, Constitution of India by Devshankar Ganga-ram Mehta who is the original landlord. This applicant made an application No. 3067 of 1950 in the Court of the Tenancy Aval Karkun at Dhan-dhuka and the relief which he asked for in the application was to recover possession of survey Nos. 404, 321, 322, 294, 295, 293, 296 and 131 in the Sim of Zinzar.

It was an application under Section 34 (1), Bombay Tenancy and Agricultural Lands Act, 1948. The Tenancy Aval Karkun held that the present Opponent No. 1 Bachubha Devising Chudasama was a protected tenant of only some survey numbers out of the survey numbers in respect of which the landlord had asked for the relief of posses- sion viz., that he was a protected tenant of survey Nos. 131, 321 and 322 of the Sim of Zinzar. The Tenancy Aval Karkun further held that the applicant before him required the lands for bona fide personal cultivation. In respect of the notice which the applicant landlord had given to the tenant, the Aval Karkun held that the notice period expired on 31-3-1950 and that, therefore, it was a valid and legal notice. Consistently with these findings of his, the Ten