LAXMIBAI SAMBA JADHAV Vs. BHARATLAL PREMCHAND GANDHI

JUDGEMENT

(1.) This second appeal has been referred by Nathwani, J., sitting singly to this Division Bench inasmuch as in his opinion the case involved an important question of construction of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Tenancy Act')

(2.) The suit out of which this appeal arises was instituted by the respondents for a declaration that the partition as evidenced by the partition deed dated 12 the December, 1957, effected between themselves had in fact been effected and that the same was binding on the defendants. They further prayed that the said partition be directed to be entered in the Record of rights.

(3.) The facts are shortly these: