JUDGMENT - Chainani. C.J.

(1) The land is dispute in this case was leased to the petitioner for the year 1958059. On 15.4.1959, opponent No.4 (hereinafter referred to as the opponent gave a notice to the petitioner, terminating his tenancy with effect from 30-4-1959. On 22-4-1959, the opponent made an application for obtaining possession of the land under section 39 of the Bombay Tenancy and Agricultural Lands (Vidurbha Region and Kutch Area) Act, 1958. The order was confirmed in appeal by the Sub Divisional Officer and in revision by the Revenue Tribunal.

(2) Mr. Manohar, who appears on behalf of the petitioner, has raised two points. He has first urged that the application for possession was premature, as it was made by the opponent even before the petitioners tenancy had been terminated. It is, however, conceded that the opponent could have made an application for possession after 30-4-1959. No prejudice has, therefore, been caused to the petitioner by the application made by the opponent being entertained before 30-4-1959.

(3) The next point, which Mr.Manohar has raised, is that the notice given to the petitioner terminating his tenancy is not valid. Sub-section (I) of section 39,

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