DESHPANDE J.- The petitioners in both these applications are tenure-holders. Each of them applied for possession of land from their protected lessees for personal cultivation, under section 36 read with section 38 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, (hereinafter referred to as the 'Tenancy Act'). They claim title to the pieces of lands in dispute under partition of their joint family property dated 28-3-1959. Tenure-holders acquiring title to the lands after 1-8-1953 are prevented from claiming such possession under section 38 (7) if their tenant happens to be protected lessee. It was a moot point originally whether acquisition of title under a "partition" after 1-8-1953abo fell within the mischief of this provision. However, it was so expressly included therein under Amendment Act 44 of 1964. Scope of this amended section 38 (7) came up for consideration before this Court in the case of Smt. Salubai v. Chandu1. It was held that the word 'partition' in section 38 (7) did not cover partition of the joint family property, as such member cannot be said to have acquired title to the property for the first time under such partition. Several