SRIKISHAN SADASHIV CHAUDHARY Vs. DEO RAO BHIKAJI GOJE

JUDGEMENT

(1.) The only question which arises for consideration in this writ petition is whether the order dated 11-9-1981 passed by the learned Civil Judge (Senior Division), Aurangabad, directing a reference to be made to the Tenancy Court about the following issue---

(2.) The petitioners in this Court are original defendants Nos. 1, 3 and 4 and respondent No. 4 is the original defendant No. 2 and is also formal respondent. Respondents Nos. 1 to 3 are original plaintiffs.

(3.) On 6-4-1978 the plaintiffs filed a suit for specific performance of contract dated 11-9-1973 alleged to have been executed by one Kaushallyabai, the mother of the defendants, in favour of the plaintiffs in respect of 15 acres 33 gunthas out of 18 acres 33 gunthas of Survey No. 130 for an amount of Rs. 3200/-. In this very plaint in Clause 3 of the plaint the plaintiffs averred that prior to this agreement in June, 1973 Kaushallyabai inducted them into this land as tenants under an oral contract of lease and put them in actual possession of the same as tenants.