KANUBHAI MANILAL BRAHMBHATT Vs. PUJABHAI KUBERBHAI BRAHMBHATT

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, assails the legality and correctness of an order dtd. 9/1/2012, passed below Exh. 25, whereby the learned Principal Civil Judge, Mahudha, Dist.: Kheda, refused to refer to the competent authority i.e. the Mamlatdar and ALT to decide the issue of tenancy, till further proceedings of the suit and rejected the prayer to stay the suit proceedings.

(2.) Heard learned counsel Mr. B.G. Patel appearing for and on behalf of the petitioner. Learned counsel Mr. Mankad for respondent no. 2, though called out, did not remain present at the time of hearing.

(3.) The respondent no. 2 being a plaintiff of suit being RCS No. 52 of 2010, claimed the peaceful possession of the agricultural land from the petitioner - defendant. Learned trial Court, after considering the pleading of the parties, framed the issue at Exh. 18. By framing the issue no. 4, the Court cast burden on the defendant, that whether he proves that, as per the tenancy right, he possessed the suit land.