SHAH j.- This Special Civil Application under Article 227 of the Constitution of India raises a question of law as to the interpretation of section 33B of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 'Act').

2. The question of law raised in this case relates to the rights of the heirs of the certificated landlord to get possession of the land under section 33B where the certificated landlord dies after he makes an application for possession of the land under section 33B.

3. To properly appreciate the points involved, it would be necessary to state a few undisputed facts. The land, Survey No. 81/2, admeasuring 13 acres situate at Darphal, taluka Madha in Sholapur district belonged to one Deepchand and was in possession of one Keshav as a tenant. Deepchand obtained a certificate under section SSC of the Act and after serving the tenant with a notice made an application for possession of the land against Keshav on January 9, 1962 under section 33B of the Act before the Tenancy Awal Karkun. Keshav died during the pendency of the application before the Tenancy Awal Karkun. The petitioners were brought on record as heirs. The Tenancy Awal K