SHANKAR DEOBA PATIL Vs. GANPATLAL SHEODAYAL

JUDGEMENT

(1.) This judgment would dispose of two Civil Appeals Nos. 1949 and 1950 of 1968 which have been filed against the judgment of the Bombay High Court disposing of two petitions under Art. 227 of the Constitution of India filed by respondent No. 1 (hereinafter referred to as the respondent).

(2.) On November 13, 1957 the respondent filed a suit against the appellant for possession of the land comprised in field Nos. 17, 18, 19, 22 and 24 situated in village Sawangi in district Yeotmal, on the allegation that the appellant had taken forcible possession of that land in the year 1952. The appellant took a plea in that suit that he was a tenant of the land in dispute under S. 6 of the Bombay Tenancy and Agricultural Lands (Vidharbha Region) Act. 1958 (Bombay Act 99 of 1958 (hereinafter referred to as the Act). A prayer was also made by the appellant that the question of his tenancy be referred to the revenue court. The civil court accordingly made a reference under S. 125 of the Act to the tahsilder for the decision of the question as to whether the appellant had acquired the status of a tenant under S. 2 (32) read with S. 6 of the Act.

(3.) A list of the tenants occupying the various lands was also published under S. 8 of the Act. In that list, the appellant was shown as a tenant of the land in dispute. The respondent filed objections to the inclusion of the name of the appellant in that list as a tenant of the land in dispute and prayed for correction of that list under S. 8 (3) of the Act.