NAUSABAI BALU PATIL Vs. KAMAL CHAUGUNDA PATIL

JUDGEMENT

(1.) RULE, returnable forthwith. Respondents waive service. By consent taken up for hearing and final disposal.

(2.) ON 18th November, 1987, the husband of the first respondent mortgaged the suit land with respondent No. 4 for a consideration of Rs. 15,000/ -. Thereafter, the case of the petitioner is that on 5th September, 1992, respondent No. 4 created a tenancy in favour of the petitioner of the suit land on the yearly rental payment of Rs. 700/ -. On 5th September, 1997, respondent Nos. 1 to 3 issued a notice to the fourth respondent claiming redemption of the mortgage and delivery of possession of the land which is the subject matter thereof. Thereafter, a suit for redemption, out of which the present proceedings arise, came to be filed in the Court of the learned Civil Judge, Junior Division, Miraj. On 2nd March, 2001, the petitioner claiming to be a tenant in respect of the land made an application for adding her as party defendant to the suit. That application was allowed on 27th March, 2001. Thereafter, issues came to be recast by framing Issue Nos. 3 and 4 and which were as follows :

(3.) ON 27th June, 2001 an application was made by the petitioner before the learned trial Judge to refer Issue No. 3 to the Tenancy Court in accordance with the provisions of section 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948. The application by the petitioner came to be rejected by the impugned order dated 4th July, 2001.