GANESH VASUDEO PARAB Vs. VYANKATRAO SUBHARAO PATANKAR

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India is directed against the order passed by the Maharashtra Revenue Tribunal, Bombay dated 19-3-1986 in Tenancy Appeal No. 159 of 1985.

(2.) THE petitioners herein claim to be the tenants in respect of the suit lands bearing S. No. 6, H. No. 31; S. No. 7, H. No. 1+2-A; and S. No. 10 H. No. 1, totally admeasuring about 13 acres 24. 9 gunthas. The respondents are the owners in respect of all the suit lands.

(3.) SOMETIME on 30-6-1973 the petitioners filed an application under section 70 (b) of the Bombay Tenancy and Agricultural Lands Act before the Tahsildar, Vengurla for a declaration that they were the tenants in respect of lands bearing S. No. 6 H. No. 31; and S. No. 7 H. No. 1+2-A. That as a counter blast to the said application taken out by the petitioners, the respondents filed a suit for injunction against the petitioners in the Court of Civil Judge, Junior Division, Vengurla being Suit No. 18 of 1974, inter alia, praying that the petitioners be restrained from entering upon or interfering with the possession of the respondents in respect of the suit lands bearing S. No. 7 H. No. 1+2-A; S. No. 10 H. No. 1; and S. No. 6 H. No. 31, all situated at village Vajrath, Taluka Vengurla. In the said suit the petitioners filed written statement and claimed that they were the tenants in respect of all the three suit lands. In the circumstances the Civil Court made reference to the Tenancy Court to decide as to whether the petitioners were the tenants in respect of said three suit lands. Additional Tahsildar, Vengurla, after the aforesaid reference, consolidated the reference proceedings as well as the application filed by the petitioners under section 70 (b) of the Act. The Tahsildar by his judgment dated 6-3-1979 passed the following order :