B. P. DHARMADHIKARI, J.

( 1 ) THE petitioners in this writ petition are the heirs of original landlord while the respondents are the heirs of original tenant of agricultural field Survey No. 26, Area 30. 34 acres. The petitioners have challenged the order dated 27-7-1987 passed by the Tahsildar, Karanja holding that they are not entitled to possession of half of above referred agricultural field and further that the Surrender Deed executed by the original tenant is invalid. This order has been upheld in appeal under section 107 of Bombay Tenancy and agricultural Lands (Vidarbha Region) Act, 1958, (hereinafter referred to as tenancy Act), by Sub-Divisional Officer, Murtizapur, on 31-10-1988 and a revision under section 111 of the above Act filed by petitioners has been dismissed by the Maharashtra Revenue Tribunal on 20-12-1991.

( 2 ) THE case of the petitioners in brief is that the field is owned by the petitioners and their father Balkisanji. One Sitaram Gole was tenant on said field. The petitioners filed application which came to be registered as Revenue Case no. 49/59 (10-F1/61-62 for resumption of land for personal cultivation under section 36 read with section 38 of the Tenancy Act, on 24-3-1961. During the pendency of these proceedings respondents on 3-12-1970 executed a surrender of half of the field of the above referred Survey No. and on 29-4-1971 they filed an application under section 20 of Tenancy Act before the Naib Tahsildar for its verification. The Naib Tahsildar after examining the respondents and the father of the petitioners declared that the surrender is valid and voluntary. This order is dated 23-5-1972 and is passed in Revenue Case No. 3/59)4-A)/70-71 of Wapti. On the said date, Agricultural Lands Tribunal dropped the proceedings mentioned above filed by the petitioners for resumption of lands. The suo motu proceedings were started vide Revenue Case No. 552/12/64-65 for transfer of ownership but those proceedings were also dropped as the proceedings for personal cultivation were pending. The petitioners thereafter filed an application on 16-2-1974 for possession of half of the land of Survey No. 26 which was surrendered in their favour and this case was registered as Revenue Case No. TNC-31/kapti/7/73-74. In these proceedings the Tahsildar placed reliance upon a decision of this Court reported at 1970 Mh. L. J. 991 and held that the order accepting the surrender passed by the Tahsildar on 23-5-1972 was not final and the respondents continue as tenant till the possession is not handed over. The tahsildar, therefore, held that there was no surrender in favour of the petitioners and they were not entitled to possession. He further held that the respondents also did not became statutory owner on 1-4-1963 as proceedings for resumption were very much pending. However, he found that after termination of those proceedings, the respondents are entitled for transfer of compulsory ownership and there is no question of any surrender after tillers day. The petitioners challenged this order before the Sub-Divisional Officer, Murtizapur, in appeal but said authority dismissed the appeal on 31-10-1988. The petitioners then approached the Maharashtra Revenue Tribunal in revision and the Maharashtra revenue Tribunal held that there is no question of surrender of tenancy after 1-4-1963 as tenants become owner and thus the surrender dated 3-12-1970 is invalid. The petitioners, therefore, approached this Court. The grievance of the petitioners is that the authorities have taken wrong view of the matter and the proceedings for resumption were dropped in view of surrender which was verified on 23-5- 1972. The Maharashtra Revenue Tribunal should have seen that surrender was during the pendency of these proceedings and were not fresh proceedings initiated after 1-4-1963. It is their contention that the documents on record clearly reveal that even after resumption of half of the suit field, the total land with petitioners