CHAGLA, C.J.:- Mr. Justice Gajendragadkar and Mr. Justice Vyas, while hearing a second appeal, have referred a certain question to this Full Bench and the question comes to be referred under the following circumstances.

2. It appears that Government let out six lands bearing various survey numbers in the village of Mukharaba to the plaintiff in the suit from which the second appeal arises. The lease was a temporary lease for three years and it was for the period 1940 to 1943. On 29-5-1943, the plaintiff applied to the Collector to grant him a permanent occupancy lease, and on 15-6-1943, the District Deputy Collector passed an order making a grant of a lease on occupancy tenure with certain conditions attached to that case, and the conditions were that it was to be on the old impartible tenure on the term of raising foodgrains till the completion of the war and on certain other conditions with which we are not concerned.

On 21-7-1943, the Mamlatdar gave a written permission to the plaintiff to occupy these lands and on 21-8-1943, the plaintiff executed a kabulayat in accordance with the rules and the form under the Act. On 1-4-1947, the Collector set aside the order passed by