CHAUHAN JASHUJI BHAGAJI Vs. PATEL PASHABHAI DHANABHAI

JUDGEMENT

(1.) THE short issue raised in this petition is as to whether the Trial Court was not within its jurisdiction when it referred Issue No.6 seeking to inquire about the fact as to whether the respondent has been in possession of the agricultural land in dispute as a tenant to the Tenancy Court ?

(2.) IN Regular Civil Suit No.104 of 1994, the original plaintiffspetitioners herein prayed for possession/redemption of mortgage in respect of the land in question with a plea that it came to be mortgaged to the respondent for financial help made available to the petitioners. In that suit in a written statement, the respondent came out with a case that he had been sharing the crop with the petitioners/their predecessors before 27.04.1964, and thereafter, the land in question was conveyed to him by oral sale and thus, he was the owner of the land in question.

(3.) THEREAFTER , the respondent moved an application Exh:33 seeking a reference of Issue No.6 to the Tenancy Court which came to be granted. The petitionersoriginal plaintiffs are, therefore, before this Court.