MANUBAI ALIAS ANUSAYABAI Vs. VINAYAK TUKARAM JAGTAP

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India challenging the framing of issues Nos, 6 and 7 by the trial Court and making a reference about the tenancy to the tenancy Court and it arises out of the following facts :-

(2.) The petitioners in this petition are original plaintiffs and the suit is filed against 19 defendants for possession of the suit lands and for mesne profits, etc. Although there are 19 defendants in this suit, the dispute centres round the plaintiffs on the one hand and defendants Nos. 1 and 7 on the other. It is not disputed that the plaintiffs obtained a decree for possession against these two contesting defendants along with others and obtained actual possession of these lands in Special Darkhast No. 25 of 1977. They obtained possession of the lands at Nandurghat on 28-6-197? and they obtained possession of the lands at Palsingan on 29-5-1977 and this possession is obtained through Court in the aforesaid Special Darkhast. The Plaintiffs alleged that thereafter they actually cultivated the suit lands and the lands have actually been cultivated by Baliram and Tulsirara through plaintiffs on contract basis. As the defendants again dispossessed them they filed this suit in the Civil Court as their attempt to get relief through police failed and, as stated above, this suit also is filed for possession of the lands.

(3.) The defendants resisted the plaintiffs' claim and particularly defendants Nos. 1 and 7 resisted the plaintiffs' claim. They admitted that actual possession of the lands was handed over to the plaintiffs in the year 1977, as alleged in para 2 of the plaint, as a result of the decree passed in Special Civil Suit No. 120 of 1966, but even then both of them contended that on the next day, i.e. on 30th June 1977, the plaintiffs leased out these lands to them on Batai basis. We are not concerned with the other contentions that are raised in the written statement.