JUDGMENT :

Bhagwati Prasad, J.

The present Letters Patent Appeal is filed by the appellant challenging the judgment and order dated 14.2.2002 of this Court whereby the Special Civil Application filed by the respondent bank was allowed by the learned Single Judge. The learned Single Judge has noticed that the dispute of the parties is to the land bearing Survey No. 49/11 situated in village Bhatbet, Taluka Choryasi, Dist. Surat and the land bearing Survey No. 591 situated in village Pal, Taluka Choryasi, Dist. Surat. The appellant contended that by an agreement entered into between the appellant and the respondent bank on 13.6.1973, tenancy was created in favour of the appellant. The appellant cultivated the disputed land and after deducting expenses, two-third share of the net profit was given to the respondent Bank.

2. After considering the facts and arguments of the learned counsel for the parties, learned Single Judge came to the opinion which reads as under:

"I am of the opinion that the respondent has failed to establish that he was a tenant with respect to the said lands. The bank has successfully established that it was cultivating the lands personally through hired labour. Furt