HANIFABI SHEIKH ABBAS Vs. BALAJI RAMAJI KHAPNE

JUDGEMENT

(1.) These proceedings arise out of a reference made by the Civil Judge, Junior Division, Wani, In Civil Suit No. 40 of 1967 under Section 125 (1) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, the issues referred to the Tenancy Court were as follows:

(2.) After appreciating all the evidence on record the Tanancy Naib Tahsildar came to the conclusion that the respondents No. 1 Balaji was a statutory tenant. He also answered the other issues accordingly.

(3.) Being aggrieved by this order the landholders filed an appeal which was heard and decided by the Sub-Divisional Officer Wani vide his order dated 7-61972. The Sub-Divisional Officer also agreed with the appreciation of the evidence as well as finding of fact recorded by the tenancy Naib Tahsildar. In para. 4 of his order the Sub-Divisional Officer referred to the crop-statement for the year m1957-58 and has relied upon deposition of petitioner No. 1 Hanifabi in revenue case No. 1/59/1 (B) wherein she has admitted that Balaji was her tenant. He has also relied upon he oral evidence adduced on behalf of the tenants and came to the conclusion that respondent Balaji is the tenant of the suit filed.