KISANGOPAL Vs. NARMADABAI

JUDGEMENT

(1.) By the impugned order, Civil Judge, Senior Division, Akola, has referred issues Nos. 7 (b), (c), (d) and (e) to the tenancy Authorities for decision purporting to act under Section 125 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.

(2.) Few brief facts are necessary to be stated to understand the challenge to the legality, and validity of that order.

(3.) The suit is filed on 31-3-1956 much prior to the coming into force of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as 1958 Tenancy Act), claiming reliefs for specific performance of agreement of sale of agricultural land and/or possession of the said land as well as damages. Original defendant No. 2, who is now represented by defendants Nos. 1 to 4 as legal representatives, contended in that suit that there was a Kabulayat Patta of 1952-52 and, therefore, he became the protected lessee within the meaning of the Berar Regulation of Agricultural Leases Act, 1951. He sought reference and it appears that under Section 16-A of that Act, reference was made to Divisional Officer. That reference was returned unanswered because the Sub-Divisional Officer found that he had no jurisdiction to decide the question and it was Civil Court that was competent to decide the same question. That order was subjected to challenge before the Collector, then before the Maharashtra Revenue Tribunal and even thereafter the matter came to this Court and the order of Sub-Divisional Officer holding that Civil Court had jurisdiction was eventually upheld. Again, the suit opened., On 22-7-1971, as per Exh. 35, application was filed purporting it to be under Section 124 read with Section 125 of the 1958 Tenancy Act and praying that the issues regarding tenancy should now be referred under the provisions of the 1958 Tenancy Act to the tenancy authorities. That application has been allowed by the impugned order.