JUDGMENT - 1. The appellant-plaintiff filed Regular civil Suit no. 675 of 1962 out of which the present appeal arises, for mesne profits in respect of half of the land Survey No. 247/1 situate in village of Mardi in Taluka North Sholapur of Sholapur District, for the years from 1957-58 to 1961-62. The plaintiff alleged that he had filed Tenancy Case No. 288 of 1957 against the respondent-defendant, who was his tenant in respect of the whole of the land Survey No. 247/1, for possession on the ground that he required the land bona fide for personal cultivation. The notice terminating the tenancy was issued with effect from 31st December 1956 and thereafter he filed the application under Section 31 of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter called "the Act") for possession. The Mamlatdar dismissed the application on 31st August 1957. The plaintiff then went in appeal to the Deputy Collector and the Deputy Collector in appeal ordered delivery of possession of half of the suit land, that is to say, 5 acres and 17 1/2 gunthas, on 7th June 1958. The defendant then went in revision to the Revenue Tribunal. The Tribunal confirmed the order of the Deputy Collector on

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