JUDGMENT-All the three authorities below have held that although the petitioner Abdul Karim Peersaheb Shaikh an agriculturist from Karnataka State, however he will not be deemed to be an agriculturist within the State of Maharashtra unless he personally cultivates the agricultural land in the State of Maharashtra. This view of the Authorities be low is challenged in this Special Civil Application under Article 227 of the Constitution of India. Few facts leading to this application are as under:-

2. In the first instance, respondents Nos. 1 to 3 agreed to sell the land Survey No. 64, from village Bale. Taluka North Sholapur, on February 3, 1967 for a consideration of Rs. 21,500 and Rs. 2,500 were paid by the petitioner by way of' an earnest. The petitioner had given a notice on June 16, 1967 to sell the land in his favaur to the respondents Nos. 1 to 3. Further, respondents Nos. 1 to 3 agreed to sell the land to respondent No. 4 for an amount of Rs. 28,000. It is, therefore, a Special C. Suit No.8 of 1970 was filed for specific performance of the contract and for actual possession of the land to him. In the suit, itself a plea was taken that the petitioner is not an agriculturist an

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