JUDGMENT - Per DIXIT, J. :

The applicant is the owner of five lands situate in a village, called Sarsa in the Anand Taluka of the Kaira District. Opponent No. 1 to the petition was a tenant of these lands and it is the applicants case that opponent No. 1 sub-let these lands to opponent No. 2 sometime in 1948-49. It is also the applicants case that he came to know of the sub-letting sometime in November, 1955 and so he gave a notice to opponent No. 1 terminating the tenancy. He then filed this application on the 9th May, 1956 to obtain possession from opponents Nos. 1 and 2. Opponent No. I, the tenant, admitted the claim but stated that he and opponent No. 2 were jointly cultivating the lands and giving a crop share to the applicant also jointly. The claim of the applicant was resisted by opponent No. 2.

(2) Upon the evidence adduced before him, the Mamlatdar held that the suit brought by the applicant was barred by time and accordingly the suit came to be dismissed. From the order of dismissal an appeal was filed before the Prant Officer, Anand, and the learned Prant Officer held that the lands were leased out jointly to opponents Nos. 1 and 2 and also that the applicants suit was ba

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