BAPU SITARAM ADSULE Vs. APPA MHADGONDA PATIL

JUDGEMENT

(1.) THIS revisional application is directed against the order of the learned Civil Judge, Junior Division, Jaysingpur, in Regular Civil Suit No. 66 of 1961 referring the issue as to the tenancy of the respondents in the suit land to the Tahsildar, Shirol.

(2.) THE dispute in this suit relates to land admeasuring 21 acres 5 gunthas out of survey No. 60 at village Kavathesar in Shirol taluka. A long history has been narrated in the revisional petition about the litigation pertaining to this land. It is not necessary to go into this history. It appears that the suit land originally belonged to one Bala Maharaj. There were prolonged disputes and litigation about this land and ultimately on April 4, 1961 the father of the petitioners took possession of the suit land through the Mamlatdar, Shirol and a Kabjepatti was executed. The case of the petitioners is that they and their father were obstructed in the enjoyment of this land by the respondents on June 22, 1961 and hence the father of the petitioners filed the aforesaid suit No. 66 of 1961 in the Court of the Civil Judge, Junior Division, Jaysingpur. The father of the petitioners died during the pendency of the suit and the petitioners were brought on record in his place. This suit is for a permanent injunction against respondents Nos. 1 to 6, who were defendants Nos. 1 to 6 in the suit and defendant No. 7, the father of respondents Nos. 7 and 8, restraining them from interfering with the petitioners' possession and enjoyment of the suit land. Respondents Nos. 1 to 6 and original defendant No. 7 contended that they were the tenants of the suit land and on their application the following issue was raised and ordered to be referred to the Mamlatdar, Shirol: Do the defendants Nos. 1 to 7 prove that they are the tenants of the suit land as contended in para. No. 2 of their written statement It is this order dated March 9, 1971 that is sought to be impugned in the present application.

(3.) [The rest of the judgment is not material to this report.]