- (1.) Abatement set aside, Substitution allowed.
(2.) Delay condoned.
(3.) This appeal by special leave arises from order of High Court of Bombay, Nagpur Bench dated December 4, 1980 in Writ Petition No. 1986/74 filed under Article 227 of the Constitution. The admitted facts are that the appellant was a tenant in respect of the lands situated in Brahmanwada in Murtizapur Taluk, District Akola in Vidarbha region of Maharashtra State. At the relevant time, Berar Regulations of Agricultural Leases Act. 1951)Act No. 24/51 (for short,' Berar Act')was in vogue. The lands admittedly were agricultural lands admeasuring 29 acres 10 guntas in Serial No. 47. By a deed dated January 2. 1956 lands were surrendered as stipulated thus: "In the year 1955-56, he had taken loans and executed a promissory note. He discharged part of the debt. he was due of a sum of Rs. 300/- and he was unable to discharge the same. Consequently, he was surrendering his protected lease tenancy rights as a lease to the landlord in lieu of discharge of the debt." ;