JUDGMENT - 1. The present petition has peculiar facts of its own. The respondent No.1 Bhawarilal claiming to be the purchaser as per sale-deed dated December 20, 1952, which is produced in this case, appears to have applied under Section 36 (2) of the Bombay tenancy and Agricultural Lands Act, 1958, for possession of the land styling Gawarishankar (respondent No. 2) as the tenant and Mangayya (respondent No.3) as the sub-tenant. Those proceedings were registered separately and came to be determined in favour of Bhawarilal in which an order for possession in his favour as landlord was made. In the execution of that order, the present petitioner, who claimed to be in physical possession of the property and as tenant of the land, came to know about this order. Therefore, he applied to the Naib Tahsildar, Darwha, that he was a tenant of the land and was physical possession of the land and that he is being dispossessed in an execution proceeding upon the basis of the order obtained by Bhawarilal. Though the objection was of vital importance and reached the very basis of such an execution, a cryptic order was made rejecting the application on February 29, 1968. It must be observed that e

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