( 1 ) THE plaintiff is the trustee of Ramji Mandir at Baroda. The suit lands are the properties of the trust of Ramji Mandir. These lands are situated in the Panchmahals District. On April 26 1958 the plaintiff obtained an exemption certificate in respect of the suit lands under sec. 88b of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter referred to as the Tenancy Act ). Thereafter he served upon the defendant a notice terminating his tenancy in respect of the suit lands. It was alleged in that notice that the defendant was an annual tenant thereof. This notice was served under sec84 of the Bombay Land Revenue Code and the termination of the tenancy became effective from March 31 1961 On 31st December 1960 the defendant sent to the plaintiff reply to the notice by which he denied the claim made by the plaintiff. On August 9 1961 the plaintiff filed the present suit for recovery of possession of suit lands and for the recovery of rents.

( 2 ) IN defence the defendant contended that he was a protected tenant in respect of the suit lands and that therefore sec. 4b of the Tenancy Act operated against the termination of his tenancy. The trial Court passed