JUDGMENT - M.N. CHANDURKAR, J.:---The only question which arises in this petition is whether the suit filed by the petitioners to establish their rights of tenancy after an order in an obstructionist proceedings is made against them, is maintainable after the amendment of Order 21, Rule 103 of the Code of Civil Procedure.

2. Admittedly the respondents have obtained an order of ejectment under section 47 of the Presidency Small Cause Courts Act, against on Bhagwandas Ranchhoddas who is the younger brother of petitioner No. 1. When that order was sought to be executed, the petitioners obstructed the execution of the order and obstructionist proceeding was, therefore, taken out by the decree-holders. The obstructionist proceeding terminated with an order against the petitioners and a warrant of possession was directed to be issued.

3. Against the order in the obstructionist proceedings the petitioners had filed an appeal and an objection was raised in that appeal about the maintainability of the appeal before the Appeal Bench of the Small Cause Court. The Appeal Bench held that even though the amended provisions of Order 21, Rule 103 of the Code of Civil Procedure, made the impugned ord

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