1. the present peritioner Jamnabai claims to be the successor of one Deokabai, who died on February 1. 1966, Said deokanai was the tenure holder of survey No. 121/1 and survey No. 122. of village Kandli, district Amarland was leased to Suryabhan, the present respondent, and further that the lease of Suryabhan was governed by the provisions of section 58(I) (c) of the Bombay Tenancy and Agricultutal Lands (Vidarbha Region) Act, 1958 (hereafter called the Act).

2. Jamnabai gave notice on 16-5-1966 and applied for possession on spectmeber 30, 1967.

3. This application has been found to be barred by time, as having been filed after one year from the death of original landlady Deokabai, i.e., February 1, 1966. All the authorities under the provisions of the act have concurred in this view.

4. To find out limitiation so as to non-suit the present petitioner, provisions of sub-section (2) (B) of Section 38 of the Act have been applied. It is found that this sub-section and the provisions contained therein are very much mentioned in the notification issued by the State in exercise of powers conferred by sub-section (3) of the section 38 of the Sct. It is plain ly written in clause 2 of t