P. N. BHAGWATI, J. M. SHELAT, J.

( 1 ) THE petitioners are the owners of land bearing S. No. 339 and admeasuring 19 Acres and 38 Gunthas situate in village Vanesa Palsana Taluka Surat District. On 27th June 1939 the land was purported to be sold by the petitioners to one Ambelal Jaduram for the price of Rs. 1261. 00. Though ostensibly a sale it was in reality a mortgage effected by the petitioners in favour of Ambelal Jaduram to secure an existing debt to the extent of Rs. 1261. 00. Even after this transaction the possession of the land remained with the petitioners until 1945-46. It appears that the petitioners were unable to pay interest on the mortgage debt to Ambelal Jaduram and possession of the land was therefore handed over to Ambelal Jaduram in or about 1946-47. Ambelal Jaduram thereafter inducted the 2nd respondent on the land. According to the petitioners it was in July 1951 that the 2nd respondent was brought in as a tenant on the land by Ambelal Jaduram but this was disputed on behalf of the 2nd respondent who alleged that he came as a tenant on the land sometime in 1947. For the purpose of the present petition however it is not necessary to decide this controversy. The

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