JUDGMENT - Kotval, C.J.

1. The short question that arises for decision in this reference is whether the interpretation of the amended Sub-section (7) of Section 38 of the Bombay Tenancy and Agricultural Lands Act, 1958 (XCIX of 1958) (hereinafter referred to as the new Tenancy Act), in the decision of this Court in Salubal v. Chandu, 1966 Mah LJ 289 is correct, and if not, what is the correct interpretation.

2. The circumstances under which the reference came to be made are as follows: One Mohanlal was a landholder of survey No. 74/3, area 9.17 acres, In village Uttar Wadhona in Yeotmal District. Mohanlal had a wife Radhabai and a son Lakhanlal who was born on 29-4-1937. Mohanlal died on 15-4-1938 and on that date Lakhanlal was a minor. Lakhanlal attained majority on 29-4-1958, the age of majority in his case being twenty-one years because a guardian had been appointed. After he attained majority, the property belonging to the joint family came to be partitioned between Radhabai and Lakhanlal. This was on 22-6-1959 and the field survey No. 74/3 came to the share of Radhabai. Thus, Radhabai became the landholder. She required the field for her bona fide personal cultivation and she ga

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