B. K. MEHTA, J. B. MEHTA, J.

( 1 ) THE petitioners tenants who were in actual possession of the land in question have filed this petition as their application under sec. 32pp of the Bombay Tenancy and Agricultural Lands Act 1948 hereinafter referred to as the Act which was made on May 29 1971 along with the stay application against the order of surrender in landlords favour under sec. 32p (2) was held to be incompetent and the stay application had been rejected on that ground.

( 2 ) THE short facts which have given rise to this petition are as under :the petitioners tenants purchase of the land in question was declared ineffective by the order of the A. L. T. on March 8 1964 Thereafter the order of disposal of this land under sec. 32p (2) was made by surrendering to the landlord on August 20 1969 and that order was finally confirmed by this Court. Meanwhile sec. 32pp having been enacted with effect from December 29 1965 the petitioners exercised their option to purchase this land by making an application under sec. 32pp on May 29 1971 and in the same application asked for stay of the order of handing over possession to the landlord. The Mamlatdar without giving any hearing to the pe

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