B.N. DESHMUKH, C.J.:---This petition has been referred to the Division Bench by a learned Single Judge of this Court as there is conflict of view between the judgment of this Court regarding the correct meaning and interpretation of the provisions of Clause (a) of sub-section (5) of section 33-B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act"). Along with the petition has been placed Civil Application No. 3694 of 1977 for orders. That was a civil application for amendment in view of the Forty second Constitutional Amendment. However, that application does not survive and has been withdrawn by Mr. Rane and no order is required to be passed on this civil application.

2. The facts for the purpose of the controversy leading to the reference to the Division Bench are these :

3. The original petitioner Shamrao Dattatraya Gosavi is now dead. However, we are referring to him as the petitioner in this judgment throughout for the purpose of convenience. But ultimately we will pass an order with reference to his heirs who are brought on record. This course is being adopted to facilities the various argument raised where the original l