DESHPANDE J.-The petitioner applied to the Tahasildar for a declaration of his being the tenant of certain land. The application was made under section 70 (b) of the Bombay Tenancy & Agricultural Lands Act, (hereinafter referred to as "the Act"). Tenancy is claimed on the basis of contract with opponents' father and rent also is claimed to have been paid to him during his life time and thereafter to the opponents. Opponents denied all this. On evidence, the Aval Karkun accepted his claim. In an appeal by the opponent, the petitioner raised a preliminary point that section 74 (1) did not provide for any appeal against such declaration under section 70 (b) of the Act. The Collector overruled this, saying that the petitioner is found to be a deemed tenant under section 4 of the Act and hence appeal under section 74 (1) (a) was competent. The Revenue Tribunal declined to interfere in revision.

2. In the ease of Shantabai Ramchandra Ghatge v. Pandurang Ramchondra Mandlik,1 Malvankar J, held that no appeal against the order of Tahsildar passed under section 70 (b) would lie unless it is in regard to the claim of deemed tenancy.

3. Mr. Limaye, the learned advocate appearing for t