RAJARAM HIRALAL BHOI Vs. VIJAY RAJARAM BHOI

JUDGEMENT

(1.) Heard Mr. Sakhare, Advocate for Petitioners and Shri Shinde Advocate for Respondents.

(2.) Petitioners are original Applicants in Tenancy Case No. 108 of 1984 filed before the Additional Tahasildar and ALT, South Solapur under Section 70(b) of the B.T. & A.L. Act, 1948. The Petitioners had earlier filed a similar application in the year 1973 which was withdrawn by them. There were also proceedings under Section 145 Cr. P.C. in which Magistrate had held that the Respondents landlords were entitled to physical possession. That Suit was also filed in which the Petitioners were unable to prove their physical possession and get injunction. The Petitioners examined themselves and two other witnesses and did not produce any other documentary evidence in the form of a tenancy agreement or any rent receipt. In the cross examination the Petitioners admitted that no rent receipts were available with them. They also admitted that earlier application under section 70(b) was unconditionally withdrawn.

(3.) By Judgment and Order dated 28/6/1984, the learned Additional Tahasildar and A.L.T. South Solapur allowed the Tenancy Case No. 108 of 1984 and the Petitioners were declared as tenants. The only reason given by the A.L.T. is to be found as under :