( 1 ) THIS writ petition filed under Art. 227 of the constitution of India by the heirs of deceased tenant Kishan Ganpati Muley, challenging the judgment and order passed by the Maharashtra Revenue tribunal, Deputy Collector (LR), Parbhani and Additional Tahsildar, kalamnoorie. The respondents are the heirs and successors of one Abdul Quadar who was the owner of land Survey No. 24-B admeasuring 10-A, 25-G situated at kalamkonda (Kd), Tq. Kalamnoorie Dist. Parbhani. The parties to this judgment i. e. petitioners and respondents will be referred to as the "tenant" and the "landlords".

( 2 ) THE present proceedings arise out of an appeal filed by the landlords challenging the declaration made in favour of tenant under section 38-E of the hyderabad Tenancy and Agricultural Lands Act (for short "the Act") that the declaration was in respect of land Survey No. 24 admeasuring 10-A, 25-G (for short "the suit land" ). It is contended by the landlord in the appeal that the declaration which is made under the Act was made without any notice to them, or, without offering any opportunity of being heard. It is contended that they came to know about declaration on 12th July, 1971, when on