JUDGMENT-This petition involves the question as to what meaning should be given to the word "ancestor" used in section 38 (3) (d) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, hereafter referred to as the Tenancy Act. Field survey number 24/1, area 4 acres, 37 gunthas of village Gaulkhed, taluq Akot, district Akola, was owned 1y one Nathu son of Ramji Kunbi. Nathu died on 31-7-1959. He had executed a will on 22-11-1957 by which he bequeathed the field to the present petitioner Vithal Kisan. Vithal is the grand-son of the sister of Nathus wife, that is, the sister of Nathus wife was the grand-mother of the present petitioner and it is not disputed that the two families are entirely different. The petitioners name came to be recorded in the revenue papers as tenure-holder on 27 -5-1960 and he started proceedings for resumption of possession of the disputed field on the ground that he required the land for personal cultivation. The Naib-Tahsildar granted the application of the petitioner and directed the tenant to deliver possession of this field survey No. 24/1 to the petitioner.

2. The tenant filed an appeal against this order and the Special Deputy Colle

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