JUDGMENT - KHANWILKAR A.M., J.:-This is yet another matter where the petty and small landlord has been waiting for the fruits of the statutory protection given to such landlords since 1962. The matter has been swinging like pendulum from one authority to another since 1964. Briefly stated, the predecessor of the petitioners was the owner in respect of suit lands Survey No. 619/2 and 619/3, admeasuring 1 acre 5 gunthas and 1 acre 4 gunthas respectively, situated at Village Karadi, Taluka Khatau, District Satara. The said Nivrutti Gangaram Pawar predecessors of the petitioner had filed an application for issuance of certificate under section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act'). The appropriate authority allowed the said application, presumably on January 27, 1961. On the basis of that decision, Certificate under section 88-C came to be issued in favour of Nivrutti Gangaram Pawar on 23rd June, 1964. The consequence of issuance of such a certificate is that the provisions of sections 32 to 32-R of the Act became inapplicable to the suit land. The quintessence for issuance of such a Certificate is a finding recorded by the authority that the holding of Nivrutti Pawar does not exceed economic holding, and his total income including the rent from the agricultural lands does not exceed Rs. 1,500/- per year. Since Nivrutti Pawar was a certificated landlord, he had the privilege of terminating the tenancy in respect of the suit lands for personal cultivation by virtue of section 33-B of the Act. In exercise of that statutory remedy, said Nivrutti Pawar issued notice on 24th August, 1964 to the respondent tenant. At this stage, it is necessary to mention that initially said Nivrutti Pawar terminated tenancy in respect of seven different lands, out of which, proceedings as against another tenant Bhiku Nimbalkar attained finality and the landlord succeeded in obtaining possession of the land admeasuring 1 acre 5 gunthas. In so far as respondent is concerned the said Nivrutti Pawar initiated action against the respondent by terminating tenancy in respect of five different lands. However, ultimately, the proceedings have been confined only to two lands referred to above. I shall make reference to this aspect in detail a little later. As mentioned earlier, on issuance of section 88-C certificate on 23rd June, 1964, immediately within the statutory period, petitioners' predecessor Nivrutti Pawar issued notice under section 33-B on 24th August, 1964 and soon thereafter, within the statutory period, filed application under section 33-B read with section 29 before the Tenancy Authority for possession of the suit lands on 21st September, 1964. It is necessary to note that in so far as the order passed on application for issuance of Certificate under section 88-C of the Act is concerned, that was allowed to attain finality and is not the subject matter of challenge in the present writ petition. In fact the respondent did attempt to challenge the validity of the certificate in proceedings under section 33-B, from which, the present petition emanates, but that challenge has been repelled finally by the Maharashtra Revenue Tribunal in its order dated 30th November, 1983, whereafter, the said aspect has not been agitated by the respondent before the authorities below on remand of the case for retrial.

2. As mentioned earlier, the present petition arises out of application filed by Nivrutti Pawar for possession of the suit lands under section 33-B read with section 29 of the Act. The said application was allowed by the Tahsildar on 30th June, 1966 in relation to the suit lands, holding that the predecessor of the petitioners established bona fide requirement for personal cultivation. Against the said decision, matter was carried in appeal, which was allowed by the Appellate Authority. However, the petitioners predecessor eventually took up the matter up to this Court by way of Special Civil A

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