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22. In view of the above discussion, it should be held that the surrender of the interest of the tenant and the order passed by the Mamlatdar are not in accordance with the mandatary provisions of Clause (b) of Section 5 BT&AL Act and the Rule 2A BT&AL Rules and, therefore, the surrender is illegal, invalid, without jurisdiction and non est. Relationship of the tenant and the landlord, therefore, continued even though possession of the land was taken away by the petitioner on March 4, 1955.

23. The dispute, however, does not rest there as, it is required to consider the effect of such an invalid surrender and the continuance of the relationship of the landlord and the tenant on right to be considered deemed purchaser under Section 31 BT&AL Act, in case the tenant has not applied for possession of the land within the period of two years under Section 29 BT&AL Act. The possession taken over by the petitioner-landlord on March 4. 1955 being unauthorised and wrongful, it was necessary for the tenant Mahijibhai to apply for the possession under Sub-section (1) of Section 29 BT&AL Act. A tenant entitled to the possession of the land has to apply in writing for such possession to the Mamlatdar within the period of two years from the date on which right to obtain possession of the land is deemed to have accrued to the tenant. As the possession was unauthorisedly and wrongly taken away by the landlord on March 4, 1955 the tenant Mahijibhai should have applied for possession under Section 29(1) BT&AL Act on or before March 3, 1957. Instead, he applied to the Mamlatdar in the year 1973 for the possession. From the order of the Mamlatdar it appears that the application was submitted under Section 32PP and Section 32G; while in view of the Gujarat Revenue Tribunal the tenant should be considered deemed purchaser of the land under Section 32G BT&AL Act. Section 32PP and Section 32G are not applicable to the facts of the present case. Under Section 32G the Tribunal has to issue notice and determine the price of the land to be paid by the tenant immediately after the tillers' day. Section 32PP only provides an opportunity to the tenant to purchase land which has been at the disposal of the Collector under Section 32P of the Act.