SHABBIR SULEMAN GANGAT Vs. GULAM MOHMEDHUSSAIN GANGAT

JUDGEMENT

(1.) PETITIONER herein challenges an order dated 5th January 2007 passed by the learned Principal Civil Judge, Ankleshwar below Ex.13 in Regular Civil Suit No.312/06.

(2.) THE petitioner was the original plaintiff. He had instituted the said suit wherein the respondent was the defendant. The respondent filed application Ex.13 in the said suit and prayed that the defendant has raised an issue of tenancy and his claim for tenancy can be decided only by the Mamlatdar and ALT under section 70(b) of the Bombay Tenancy and Agricultural Lands Act. He therefore prayed that the Court should frame an issue in this respect and refer the same for decision of the Mamlatdar and ALT and only after the decision on the said issue, should the Court take up Ex.5 application for further hearing and disposal. It is on this application that the learned Judge passed the impugned order. He referred the question of tenancy of respondent to be decided by the Mamlatdar and ALT under section 70(b) of the Tenancy Act. Simultaneously, he provided that the suit shall stand stayed till the issue is decided by the Mamlatdar and ALT.

(3.) APPEARING for the petitioner, learned advocate Shri Saiyed vehemently submitted that the learned Principal Civil Judge, Ankleshwar committed a grave error in not deciding Ex.5 application of the petitioner. It was contended that in view of the provisions contained in section 85A of the Tenancy Act, upon issue of tenancy being raised by a party, though the same is required to be referred to the Tenancy Court and further suit may be stayed, the law does not debar the competent civil court from deciding the interim injunction application. He submitted that the issue is covered by the decisions of this Court.