JUDGMENT - Deshmukh, J.

1. This appeal has been referred to a Division Bench by the learned Single Judge of this Court, because he found that there were conflicting views on certain points of law arising under the Bombay Tenancy Agricultural Lands Act, 1948, (hereinafter referred to as "the Tenant Act"). The learned single Judge found that in the judgments delivered by Mr. Justice Patel and Mr. Justice Malwankar sitting singly, divergent views have been taken about the starting point when possession of the former tenant becomes unlawful for the purpose of calculating mesne profits and hence he passed the speaking order on 28th September, 1973 and 1st October, 1973, for referring this appeal to a Division Bench.

2. For the purpose of understanding the question involved in this appeal, a few facts may have to be noted. The appellant here is the original plaintiff and he is the landlord; the respondent-defendant is the tenant of an agricultural land. it is not now is dispute that as required by Section 31 read with Section 29 of the Tenancy Act, the plaintiff-appellant landlord terminated the tenancy of the defendants by the end of March, 1957 by a notice served some time in December

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