1. These three petitions under Art.227 of the Constitution raise a common question of law relating to the interpretation of the proviso to clause (a) of sub-section (1) of S.32 - F of the Bombay Tenancy and Agricultural Lands Act , 1948.

2. To appreciate the question involved it would be sufficient to notice the acts in Special Civil Application No. 1676 of 1964. One Dattatraya was the owner of several agricultural lands in a village in the Jalgaon District. It appears that Dattatraya also owned several houses and had a money - lending business. He died in 1962 leaving behind a widow Laxmibal and two sons Anant and Balwant. After the Bombay Tenancy and Agricultural Lands Act , 1948 (hereafter referred to as the Bombay Tenancy Act) was extensively amended by Bombay Act No. 13 of 1956 with effect from 1st August 1956, a partition was effected between the widow Lax