JUDGMENT -The petitioners Shamji and Kisan purchased S. No. no, having an area of 23 acres and 20 gunthas situate at village Bechkheda, from respondent No.2 Udhao on foot of a registered sale deed dated 23 -2 -1957. They were in possession of this property when respondent No.1 Namdeo filed an application purporting to be made under section 52 of the new Tenancy Act on 15 -5 -1959. That application is at page 23 of the Paper Book. In that application Namdeo alleged that he was cultivating the field in dispute as a protected lessee for the years 1951 -52 to 1954 -55. The field was let out to him by Udhao, respondent No.2, in his capacity as manager of the joint Hindu family of which his sons Vasant, Shyam and Jayant, respondents 3 to 5, were also members. Actual lease was given by Vasant who was the eldest son because Udhao was then in service in December 1954, which is obviously a mistake; actual date being 24 -1l -1954. Vasant sent a notice under section 9 of the Berar Regulation of Agricultural Leases Act terminating the tenancy of Namdeo on the ground that he needed the land for personal cultivation. In consequence of this notice, possession was given. As a matter of fac

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