JUDGMENT-An interesting question of interpretation of section 32 (I B) of the Bombay Tenancy and Agricultural Lands Act, 1948, arises in this petition.

2. The facts leading to the dispute are these ;_

Survey No. 405/1 of village Kurundwad in Shirol tahsil, District Kolhapur, admeasuring 8 acres 17 gunthas admittedly belonged to two persons Balu Shripati and Nana Dada. There is also no dispute that the land was leased to Bandu Tatoba-the present respondent as a tenant some time in the year 1951. Bandu cultivated this land as tenant and his name came to be entered in the Record of Rights for the years 1951-52, 1952-53, 1953-54, 1954-55 and 1955-56 as tenant. His name seems to have disappeared from the year 1956-57. The Special Tahsildar, Shriol commenced suo motu proceedings in regard to this land under section 32 (I B) of the Tenancy Act in the year 1971 and issued notices to the landlords, Balu Shripati and Nana Dada to appear before him and to show cause why possession should not be taken from them and hand it over to the tenant Bandu.

3. In the course of enquiry, the Special Tahsildar raised three issues before him, viz. whether tenant Bandu was in possession on the appointed day

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