JUDGMENT - S. P. KOTVAL, J. :

The order in this Special Civil Application shall also govern the disposal of Special Civil Application No. 60 of 1958. The facts as also the points . arising in both these Special Civil Applications are common and a common argument was addressed by consent of counsel concerned. It will be sufficient to state the facts in Special Civil Application No. 59 of 1958.

(2) The fourth respondent Ganesh was a protected lessee of the petitioner. On 23-12-52, the land-holder gave him notice terminating his lease under the provisions of S. 9(1) of the Berar Regulation of Agricultural Leases Act on the ground that the former required the land for cultivating it personally. In pursuance of this notice, the fourth respondent consented to the delivery of possession and possession was delivered to the landholder on 1-4-1953. A few months later, on 23-8-1954, the former protected lessee Ganesh Put in an application under S. 9(6) of the Act against the petitioner, and three other persons who were impleaded because there was some dispute as to who was the landholder. By that application, the fourth respondent prayed that field No. 111 of which he was the former protected l

Click Here to Read the rest of this document