1.Heard, M. V. D. Salunke, Advocate for the petitioners and Mr. Suresh Kulkarni, Advocate for the respondents.

2. The facts of the case in brief are as under.

3. The subject - matter of a petition is Survey No. 45 admeasuring 8.36 acres now gut No. 72 and Survey No. 29 admeasuring 12.36 acres now gut No. 59 situated at village Rajegaon. Tq. Ambad, District Jalna. This land was owned by one Sakharam Bhimrao Deshpande. The respondent was the tenant of the said land. He sold the lands to Shivaji Raosaheb Deshmukh and Mandakini w/o Dattaji Deshmukh by sale deed dated 7-5-1966 copies of which are filed at Exhibit "C." Both these lands were thereafter purchased by the present petitioners on 26-2-1968 vide sale deeds at Exhibit "D" for a sum of Rs.30,000/- in all. It appears from the record that the original tenant was one Sk. Hussain s/o Sk. Farid and after his death during the proceedings his LRs. have been brought on record.

4. The original tenant filed application on 17-1-1985 u/s. 98 of the Hyderabad Tenancy and Agricultural Lands Act before the Deputy Collector, Land Records, Jalna on the ground that he was a protected tenant of Sakharam Bhimrao Deshpande that he was declared owner u/S