RAJARAM BAHU KADAM Vs. BABU SHANKAR KADAM

JUDGEMENT

(1.) The question which arises for determination in this second appeal is whether the original defendants, who had in certain tenancy proceedings taken up a stand that they were not tenants but owners of the suit lands, can now be heard to say in the suit from which this appeal arises that even though the Civil Court has now held that title of the property is in the plaintiffs, the defendants can once again plead that they are tenants to that the Civil Court will have no jurisdiction so recover possession from them.

(2.) In order to answer this question it becomes necessary to notice the history of this litigation. One Bhau Bala alias Babaji Kadam claiming as owner of the suit lands applied for and obtained a certificate under section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Tenancy Act ).

(3.) After the said certificate was obtained, Bhau Bala filed an application under section 33-B of the tenancy Act against the defendants and this application was numbered as Tenancy Application No. 264 of 1962. By this application under section 33-B Bhau Bala sought to terminate the tenancy of the defendants on the footing that as the landlord he bona fide required the said lands for personal cultivation.