Judgement

ORDER:- The appellant is the tenant of the land in dispute which is situated in Taluka Walwa, district Sangli in the State of Maharashtra. On the Tillers Day, i.e., 1-4-1957, the appellant was the tenant in occupation of the lands in question. The landlords as of 1-4-57 was a joint family of which the original respondent was a member. On 31-3-1958 a partition took place of the joint family and the lands in question came to the share of the original respondent.

2. Thereafter, the original respondent applied for a certificate under section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act). It is the case of the appellant that no notice was given to him of this application under Section 88C nor was he aware of a certificate being granted under Section 88C in favour of the original respondent on 14-4-1959.

3. In 1962, the original respondent made an application under Section 33B for obtaining possession of the land. In these proceedings under Section 33B, the appellant challenged the bona fide requirements of the original respondent for cultivating these lands personality. During the pendency of these proceedings the original respondent died and his heirs w