JUDGMENT-The dispute in this petition relates to the land Survey No. 283 admeasuring 2 acres and 33 gunthas situate in the village of Nagardevale in Taluka and District Ahmednagar. The petitioner is a tenant-original applicant, while respondent No. 1 is the landlord-original opponent. It is common ground that since 1952 respondent No. 1 is blind and, therefore, he is a disabled person. He applied under section 88C of the Bombay Tenancy and Agricultural Landa Act, 1948 (hereinafter called "the Act"), and obtained a certificate, and thereafter filed an application for possession of the land under section 338 of the Act when still he was blind. Admittedly, even today he is blind. The application was granted by the Tenancy Court which passed an order for delivery of possession of half of the land to him. The petitioner tenant, aggrieved by that order, went in appeal to the Deputy Collector who allowed the appeal on March 17, 1964, set aside the order of the Tenancy Court and dismissed the application of the present respondent No. 1. This order became final as it was not appealed against by the present respondent No.1.

2. However. proceedings were started under section 33C of the Act su

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