Per R.C. Chavan, J.-

1. Fifty years ago while disposing of Special Civil Application No.330 of 1957 raising similar questions between the predecessors of the present parties, concerning the same property, a Division Bench of this Court observed in para 2 of the judgment in Lala Jugalkishore (Landholder) v. Bombay Revenue Tribunal, Nagpur and others, reported at 1958 Nagpur Law Journal 355 that “This case has a very chequered history”. History repeats and so we repeat those words.

2. The appellant was a tenant in respect of certain agricultural lands belonging to the respondent-landlord in the Agricultural Year 1951-52. The extent of those lands was said to be about 84 acres. The appellant was entitled to be a protected lessee in respect of 50 acres of those lands in terms of the provisions of Sections 3 and 4 of the Berar Regulation of Agricultural Leases Act, 1951. For the sake of ready reference, those Sections may be usefully reproduced as under :

“3. (1) Every lease of land by a landholder entitling the lessee to hold land in the agricultural year 1951-52 shall, subject to the provisions of section 4, be deemed to be for a period of seven years from the commencement of