In Salman Raje vs Madhavsang Banesang & Ors.(l) the mortgage was made in 1943 and the mortgagee came in possession pursuant to the mortgage and the parties were, therefore, governed by the Bombay Tenancy Act of 1939, which was applied to the district of Ahmedabad on and from April 1946.A Division Bench consisting of Hon 'ble Mr. Justice J.M. Shelat and Hon 'ble Mr. Justice P.N. Bhagwati, as they then were, after discussing the various decisions held: "There is, and can be no doubt that the petitioner was cultivating the land belonging to another person, i.e., the ___ ____ ___ (1) 410 opponents and he was doing so lawfully as the usufructuary mortgage executed in his favour entitled him to its possession.