A.B. Naik, J.

1. 1. The two petitioners, protected tenants (hereinafter referred to as "protected tenants") of Land Survey No. 38/1 and 39/1 admeasuring 13A 11G and 21A 20G respectively, are challenging the order dated 15th October 1987, passed by the Maharashtra Revenue Tribunal Aurangabad (for short "the Tribunal"), allowing Revision Application filed by the respondents, on the ground that there is no evidence of declaration of ownership in favour of the petitioners in respect of Land Survey No. 38/1 and 39/1 and, as such, there is no question to put them in possession of the land.

2. 2. In order to appreciate the controversy involved in this Writ Petition, the facts borne out from the record, are to be mentioned :

Land Survey No. 38/1 and 39/1 situated at village Sangvi - Benak Tq. Mukhed Dist. Nanded was of the ownership of the one Devidasrao Bhavanidasrao Deshmukh. On the enforcement of the Hyderabad Tenancy and Agricultural Lands Act (hereinafter referred to as "the Act") the names of the petitioners came to be recorded in the Register of Protected Tenants as per Section 34 of the Act. It is the contention of the petitioners that as they were protected tenants of the