RADHABAI BALAKRISHNA DESHPANDE Vs. RAGHAVENDRA HANUMANTH DESHPANDE

JUDGEMENT

(1.) In a suit for declaration of title and possession of an agricultural land, the defendant contended that he was a tenant of the land from 1954 to 1961 and, thereafter, became owner, pursuant to an agreement for sale and family arrangement. The trial Court among other issues, framed issue No.3 which reads:

(2.) Before I proceed further, it is necessary to recall the narrow controversy raised in the case. The plaintiffs do not admit that the defendant was or is their tenant. According to them, the defendant is their close relative and has no right to be in possession of the suit land. Even the defendant does not state that he is a tenant or deemed tenat on the date of the suit. He pleaded that he was a tenant or deemed tenant from 1954 to 1961 and thereafter he has been the owner thereof. On these limited contentions, the only question that boils down in this revision petition is whether the Civil Court has jurisdiction to try the issue relating to the past tenancy pleaded by the defendant, or should Issue No.3 be referred to the Tribunal for decision.

(3.) The relevant provisions of the Act bearing on the question are these: The Act by S.112(B) (b) confers power on the Tribunal "to decide whether a person is a-tenant or not". S.132 bars the jurisdiction of the Civil Court to settle, decide or deal with any question which is by or under the Act required to be settled, decided or dealt with by the Tribunal. Section 133 provides :