Shah , JJ.

1. The petitioner challenges by this application the vires of Section 34(2A)(1) of the Bombay Tenancy and Agricultural Lands Act, 1948, as amended by Section 8(3) of Bombay Act 33 of 1952.

2. The facts which give rise to the petition may be set out: The lands in dispute are Section NOS. 13 and 21 of the village of Purar and belong to the petitioner Abdul Rahiman Jamal-uddin Hurjuk. The first respondent is a protected tenant of these lands. The petitioner filed Tenancy Application No. 29 of 1954-55 in the Court of the Mamlatdar of Mangaon, District Kolaba, for an order against the first respondent for possession under Section 29(2) read with Section 34(l)(i) of the Bombay Tenancy and Agricultural Lands Act, 1948, alleging that the petitioner had a large family and that the income derived as rent from his other lands was not adequate for the maintenance of the members of his family and that he wanted the suit lands for personal cultivation. The petitioner submitted that he had terminated the tenancy by serving one years notice upon the first respondent as required by law.

3. The application was resisted by the first respondent. He claimed that he as a protected tena