DEVIDAS NARAYAN MORE Vs. CHUNILAL BHAILAL WANI

JUDGEMENT

(1.) THE judgment in this Special Civil Application will also govern the disposal of Special Civil Applications Nos. 890 of 1967, 891 of 1967 and 24 of 1968. Along with these Special Civil Applications the parties in several other Special Civil Applications pending in this Court were represented before us and have been heard but they were heard only as interveners upon the questions referred to the Full Bench only.

(2.) THE following three questions have been referred for our decision:-

(3.) IN order to show how these questions arise, we may mention the facts in this application alone (Special Civil Application No. 1484 of 1965 ). Chunilal Wani the landlord owned survey No. 12/1 admeasuring 5 acres and 3 gunthas of village Hol in Raver Taluka of Jalgaon District and survey Nos. 16/1 and 16/2 admeasuring 5 acres and 36 gunthas of village Borkhede also of Raver Taluka in Jalgaon District. These lands are in the possession of tenants as follows:-Survey No. 12/1 is in the cultivation of two tenants jointly viz. Narayan Daji More and Bhavadu Daji More, the petitioners in the Special Civil Application. Survey Nos. 16/1 and 16/2 are in the personal cultivation of Narayan Raoji Mahajan and Sonabai wife of Jairam Mahajan the respondents 3 and 4 in this petition, also as joint tenants.