SHAH J.-On June 18, 1939, Ishverlal Almaula-hereinafter called the appellant-granted for agricultural purposes tenancy rights in land bearing Survey Nos. 52 and 15q at Kanbivaga in the town of Broach to Nagjibhai father of the respondent, and sinoe that date the land continued to remain in the possession of Nagjibhai and after the death of his son Motibhai. By letter dated November 2. 1955, the appellant terminated the tenancy and called up. on the respondent to deliver vacant possession of the land on March 31, 19156, and filed on April 4, 1956, Suit No. 180 of 1956 in the Court of the Civil Judge, Senior Division, at Broach for a decree in ejectment against the respondent and for mesne profits. The Civil Judge decreed the appellants claim. In appeal the District Judge, Broach reversed the decree of the trial Court and dismissed the suit. He held that in view of the proviso to S. 43C incorporated in the Bombay Tenancy and Agricultural Lands Act LXVII of 1948 by Bombay Act XUI of 1956, the respondent continued by virtue of the amendment by Act XIII of 1956 to remain a tenant, and the Civil Court had no jurisdiction to grant a decree for possession of the land in dispute. I