( 1 ) THIS is a petition by a poor illiterate Halpati challenging the decision of the Revenue Tribunal holding that he is not tenant of two pieces of land bearing Survey Numbers 57 and part of 182 3 Acres 0 Gunthas situate in village Tighra Taluka Navsari District Bulsar. In order to appreciate the contentions raised in the petition it is necessary to notice briefly a few facts giving rise to the petition. The lands bearing Survey Nos. 57 and part of S. No. 182 (3 Acres 0 Gunthas) were originally granted by the Government to one Jogi Purshottam by way of service Inam for filling the water trough in the village which was a service useful to the community. It appears that Jogi Purshottam was not in a position to render this service and he therefore gave the lands to the father of the petitioner for cultivation on condition that he rendered service by filling the water trough in the village. The petitioners father accordingly cultivated the lands and regularly rendered service by filling the water trough in the village. This state of affairs continued until about 1944 when the service Inam in respect of the lands was transferred from Jogi Purshottam to respondents Nos. 1 to 4 as representing the village community but even after the transfer of the service Inam to the names of respondents Nos. 1 to 4 the petitioners father continued to cultivate the land and to render service by filling water in the village trough. On 22nd December 1953 the Bombay Service Inams (Useful to Community) Abolition Act 1953 was passed by the Legislature and by virtue of a notification issued by the State Government under sec. 1 (3) the Act was brought into force from 1st April 1954. Sec. 3 of the Act provided that with effect from and on the appointed day which was 1st April 1954 not with standing anything contained in any law usage settlement grant sanad or order: (1) all service nams shall be deemed to have been abolished and all incidents appertaining thereto shall be deemed to have been extinguished; (2) all rights to hold office and any liability to render service appertaining to the said Inams are hereby extinguished.

( 2 ) SEC. 4 made provision in regard to service inam villages and service inam lands which were adjudicated under Rule 8 of Schedule B to the Bombay Rent-free Estates Act 1852 but the lands which were in the possession of the petitioners father did not fall within this category and they were therefore governed by sec. 5. That section provided omitting portions immaterial:-5 (1) All service inam lands which have not been adjudicated under rule 8 of Schedule B to the Bombay Rent-free Estates Act 1852 are hereby resumed and shall be liable to the payment of land revenue under the provisions of the Code and the rules made thereunder and the provisions of the Code and the rules relating to the unalienated lands shall apply to such lands. (2) A service inam land resumed under the provisions of sub-sec. (1) shall be regranted to the holder on payment of the occupancy price equal to six times the amount of the full assessment of such land within five years from the appointed day and the holder shall be deemed to be an occupant within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder. The effect of these provisions of the Act was that the service inam in the possession of the petitioners father was abolished and the liability to render service by filling water trough in the village appertaining to the said inam was also extinguished and the lands were resumed and became liable to the payment of land revenue under the provisions of the Bombay Land Revenue Code and the Rules made under the Code. The lands however continued to remain in the possession of the petitioners father and the petitioners father cultivated the lands and appropriated to himself the produce of the 1ands. Resp