( 1 ) THESE two petitions under Article 226 of the Constitution of India raise a short but an interesting question regarding right of a tenant-deemed purchaser under the provisions of the Bombay Tenancy and Agricultural Lands Act 1948 (hereinafter called the Tenancy Act) to be offered for purchase under sec. 32p (2) (c) that very portion of land held by him as a tenant on the tillers day the deemed purchase of which had become inoperative under the provisions of sec. 32 of the Tenancy Act.

( 2 ) IN order to highlight the question involved in the petitions a few relevant facts may be noted at the outset. The petitioners in both these petitions were lawful tenants of certain agricultural lands situated in village Dungri-Mithapur in Dhari taluka of Amreli district. Under the provisions of sec. 32 of the Tenancy Act they became deemed purchasers of these lands. In proceedings under see. 32-G of the Tenancy Act for fixation of purchase price in favour of the petitioners it was found that both the petitioners were holding lands in excess of the ceiling area as prescribed by sec. 2 (2d) read with sec. 5 of the Tenancy Act. The ceiling area limit for agricultural land was