R.D. TULPULE J.:---These two petitions arise out of the suit filed by Cavas Patel and another-the petitioners in Writ Petition No. 2744 of 1978, hereinafter referred to as Patel, against twelve defendants for possession of a property described as City Survey No. 307-A/4A-A on Shivaji Road in the City of Nasik. This property is also known as Municipal House No. 1370-I. In the judgment, hereinafter the property would be referred to as House No. 1370(1) in Patel Colony in which this house is situated.

2. It was the plaintiff Patel's contention that this property was originally let out to Abdul Hussein Adamji Bohori and Roshanalli Badruddin Bohori by a registered lease which was to commence on 1st January, 1954. That lease was for the period of three years and would have expiry on 31st December, 1956. However, before expiry of the lease period, Roshanalli, who was co-tenant of Abdul Hussein, surrendered his rights in the lease-hold and left and vacated the premises in question. After the expiry of lease period Abdul Hussein became a statutory tenant of Patel.

3. It is then the contention of the plaintiff Patel that this Abdul Hussein also on 31st Match, 1961 surrendered his tenan