SURESH APPASAHEB KORE ALIAS VASKAR SURESH APPASAHEB KORE ALIAS VASKAR Vs. LIMBA MARUTI GHADGELIMBA MARUTI GHADGE

JUDGEMENT

(1.) BOTH these appeals can be conveniently disposed of by common judgment as the issues raised in the two Appeals are identical.

(2.) THE Appellant in both the appeals is original Plaintiff no.2 The dispute in the two appeals in respect of land bearing gut No.479 admeasuring 3 hectares, 4 acres and gut No.481 admeasuring 3 hectares and 74 acres. Both the lands are situated at village Degaon, Taluka Pandharpur, Dist. Solapur. The lands belong to Appellant Suresh Kore and by an Agreement of Lease dated September 22, 1941 the Appellant leased out the property to one Upalap. It is the claim of the Appellant that the properties were leased for the purpose of growing sugar canes. Upalap was to set up a company known as Shivaji Sugar Mills Ltd. and Upalap created a sub lease in favour of Respondent Nos. 1 and 2.

(3.) MR . Sali, learned Counsel appearing on behalf of the Appellant submitted that the lower Appellate Court was in error in concluding that the Civil Court had no jurisdiction to entertain the suit for possession of the suit lands. Mr. Sali submitted that as the lands were let out for cultivation of sugar cane the respondent Nos. 1 and 2 are not entitled to protection under the Tenancy Act and possession can be recovered from Civil Court. The issue as to whether the lands were let out for the purpose of cultivation of sugar cane cannot be determined by the Civil Court and is required to be referred to the Tenancy Authorities. In case the lands are let out for the purpose of cultivating sugar cane then it is open for the Plaintiff to seek possession after terminating tenancy from the civil Court but in case the lease is not for the purpose of cultivation of sugarcane, then it is not open for the civil Court to entertain the suit for recovery of possession. In these circumstances the decrees passed by the two Courts below are required to be set aside and the suit is remanded back to the trial Court with a direction to frame the issue as to whether the Respondent No.2 is entitled to claim protection of the provisions of Tenancy Act, in regard to the possession of the suit lands and the trial Court will refer the said issue for determination to the Tenancy Authorities. The trial court will proceed with the suit after receipt of the finding from the Tenancy Authorities.