A. R. BAKSHI, P. N. BHAGWATI, J.

( 1 ) THESE petitions raise a short but interesting question of construction of sec. 43 of the Bombay Tenancy and Agricultural Lands Act 1943 (hereinafter referred to as the Act ). Though the question of law which arises in these petitions is common the facts are not identical and it is therefore necessary to state the facts of each petition separately.

( 2 ) PETITION No. 372 of 1967 :- Prior to 1st April 1957 the petitioners predecessor in title was the landlord and the predecessor in title of the third respondent was the tenant of survey No. 228 situate in village Rander Taluka Chorashi District Surat. By reason of sec. 32 of the Act the predecessor in title of the third respondent became the deemed purchaser of the said survey number on 1st April 1957 and in an inquiry held under sec. 32g the Agricultural Lands Tribunal fixed the purchase price of the said survey number at Rs. 12 0 by an order made on 31st October 1963. The purchase price was payable in twelve equal annual installments of Rs. 1000/each together with interest at four and one half per cent per annum but it appears that the entire purchase price together with accrued interest was dep

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