JUDGMENT-The original landlord Gangaprasad Ramprasad filed an application for possession of land, namely, survey number 11, measuring 15 acres 26 gunthas, situated at village Matoda, Taluq Murtizapur, district Akola. The said application was initially decided by the Naib-Tahsildar, Murtizapur by an order dated 31-12-1963. The Naib-Tahsildar found that the lease in favour of tenant Suka was created by lease deed dated 4-10-1957 for the year 1957-58. The petitioner holds in all 15 acres 28 gunthas of land which is less than a family holding, that is, 28 acres. He further found that original petitioner Gangaprasad fulfilled all the conditions. However instead of ordering the resumption of whole of the suit land under section 36 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 referred to hereinafter as the Tenancy Act, he passed all order terminating the tenancy of Suka over survey number 11 to the extent of half the area of the land, that is, 7 acres 33 gunthas.

2. Being aggrieved by this order tenant Suka filed an appeal under section 107 of the Tenancy Act. The landholder, namely, Gangaprasad, did not file any appeal against the order passed by the Naib-Tahs

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