MARUTI SAMBHA SURVE Vs. PARSURAM KRISHAN KORATKAR

JUDGEMENT

(1.) This is one more case in which the trial Court has mechanically made a reference under section 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948 referring the issue with regard to the status of the defendant to the revenue Court. There is an agreement of sale dated 27th May, 1974 executed in favour of respondent No. 1 by one Ajinath, who is the owner of survey No. 85/3-C, area 1 acre and 20 gunthas.

(2.) Respondent No. 1 has filed a suit for injunction simpliciter, alleging that he is in possession and the defendant has been obstructing his possession and he should, therefore, be restrained from interfering with the possession of the plaintiff. One of the defences raised by the present petitioner is that he is the tenant of the suit land in dispute and has been recorded as such. The alleged tenancy is dated 1st April, 1972 granted by a lease deed by owner Ajinath. One of the issues framed by the trial Court reads : - "Whether the defendant is lawful tenant of the suit land since before 27-5-1974."

(3.) When the issue was referred to the Tahsildar, he held that the present petitioner was a lawful tenant since before 27th May, 1974. An appeal filed by the plaintiff came to be dismissed. However, in the revision application filed by the plaintiff, both the orders holding that the present petitioner was a tenant were set aside. This petition is now filed by the defendant challenging the order of the Maharashtra Revenue Tribunal.