- (1.) By an earlier judgment and order of this court dated 11/3/1969 in Civil No. 306 of 1966 between the original appellant and the original respondents in the same proceedings, this court gave the following directions: "The order passed by the High court is set aside and the proceeding stands remanded to the Tahsildar with the direction that he do determine whether Dadarao continued to remain a protected tenant till the date on which he claimed to exercise his right to purchase the land and whether Nivrutti acquired the rights of a protected tenant and, if so, whether he was entitled to exercise the right to purchase the land, and if both Dadarao and Nivrutti were entitled to purchase the land or any part thereof the extent to which each of them was entitled and to what extent. The tribunal will decide the question with the least practical delay and dispose of the rights and obligations of the parties according to law. No order as to costs. "
(2.) These directions were given because there was a dispute between the original appellant Nivrutti and the original respondent Dadarao in respect of the right to claim protected tenancy under the Hyderabad Tenancy andagricultural Lands Act, 1950 and the benefit under Section 38 flowing therefrom.
(3.) The dispute related to 10 acres and 34 gunthas of land in Survey No. 73, Sutardara in Village Pathan Mandwa, Taluka Mominabad, District Bhiar. The original respondent claimed to be a protected tenant in respect of the said land. He relied upon revenue entries in his favour as a protected tenant since 1950-51. He had made an application for correction of revenue entries of subsequent years. Ultimately, the entries were corrected and a certificate as a protected tenant under Section 34 of the said Act was granted by the Deputy Collector on 19-12-1956.;