JUDGMENT - M.N. CHANDURKAR, J.:---This petition which relates to the tenancy rights of a tenant of sanadi inam land has been referred to the Division Bench because the learned Single Judge had doubted the correctness of the view taken by V.S. Desai, J. in (Shripati Mane v. Shamrao Jagdale)1, 18 Tenancy Law Reporter, page 137. Really speaking the controversy which is raised in this petition is conclu­ded by the decision of the Supreme Court in Civil Appeal No. 475 of 1973 (Pandurang Dnyanoba Lad v. Dada Rama Mehte)2, decided on 24th, February, 1976 reported in 25 Tenancy Law Reporter, page 2. It does not appear that this decision of the Supreme Court was brought to the notice of the learned Single Judge.

2. The petitioner admittedly hold Survey No. 274 (6 acres 35 gunthas) of village Pattan-Kudoli in Hatkanangale taluka of Kolhapur district as sanadi inam land. The field was jointly cultivated by two tenants Sitaram and Gopala, who are now represented by their heirs who are respondents in this petition. Admittedly both the tenants were cultivating the land prior to 1st April, 1957. According to the petitioner, Sitaram had surrendered his rights prior to 1st April, 1957. There is som

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