JUDGMENT - Tambe, C.J.

(1) Facts in brief are: One Laxminarayan, father of Kishan Gopal, the second respondent to this petition, was the landholder of suit field, S. No.90 situate in village Belkhed, taluka Akot, District Akola. He had leased that field to one Bikamchand, respondent no. 1, and the first respondent had acquired the status of a protected lessee under the Berar Regulation of Agricultural Leases Act, 1951 (Act No. 24 of 1951) (hereinafter referred to as the Berar Leases Act), By giving a notice under sub-section (i) of section 9 of the Berar Leases Act, and following the prescribed procedure, Laxminarayan had terminated the tenancy of Bhikamchand and had obtained possession of the aforesaid field on 3rd July 1955. Laxminarayan died on 20th October 1955 and his son Krishna Gopal succeeded to his estate and was in possession of the said field. The State Legislature enacted the Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act (Act No. XCIX of 1958) (hereinafter referred to as the new Tenancy Act). This Act repealed the aforesaid Berar Leases Act in its entirely. It came into force on 30th December 1958. Now on 9th February 1959, Krishna Gopal sold

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