R. C. MANKAD, S. H. SHETH, J.

( 1 ) PETITIONER is the owner of Survey No. 1137/3-4 and Survey No. 1138/1-2 of village Vadthal in Nadiad taluka of Kaira district. On 11th May 1958 he agreed to sell the land in question to the respondent for a sum of Rs. 2 501 The respondent paid to the petitioner Rs. 1501. 00 i. e. Rs. 1 0 less than the consideration for the transaction of sale. The sale deed could not be executed because the respondents house was gutted and he could not pay the balance to the petitioner. It is the petitioners case that he thereupon returned to the respondent the amount which the latter had paid to him and took back possession of the land in question. It is the respondents case that the possession of the lands was forcibly taken by the petitioner. Under these circumstances the respondent filed the present suit before Mamlatdar Nadiad under sec. 70 (b) read with sec. 29 of the Bombay Tenancy and Agricultural Lands Act 1948 (here inafter referred to as the Tenancy Act for the sake of brevity) for a declaration that he was a tenant of the petitioner in respect of the lands in question and for recovering possession thereof from the petitioner. He also set up in that suit

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