JUDGMENT - V.A. MOHTA, J.:---The principal question that falls for consideration in this Letters Patent Appeal is whether sub-section (3) of section 106 of the Bombay Tenancy and Agricultural Lands (V.R.) Act, 1958 ("the Act") confers a right of appeal to a party aggrieved by the order or decision of a Tahsildar in execution proceedings conducted under sub-section (2) of section 106.

2. The factual background against which the point arises can be stated thus : Dharmal Sansthan, Gaiwadi, Tahsil Darayapur, district Amravati (the respondent) was the owner of an agricultural land of which Ramrao Maroti Bajad (the appellant) was a tenant. The land owner, after terminating the tenancy on the ground of non payment of lease money, applied for possession of the land under section 19 read with section 36 of the Act. Conditional order granting possession on failure of payment of lease money within a specified period was passed by the Additional Tahsildar, Darayapur on 17-3-1981. On expiry of the said time the land owner applied on 7-7-1981 for possession of the property and for issuing possession warrant. By order dated 11-6-1982 the said application was granted and on 19-6-1982 possession was

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