LAXMI RAMKRISHNA KANKONKAR Vs. ATTORNEY, PETER FERNANDES

JUDGEMENT

(1.) Heard. Rule. By consent, rule is made returnable forthwith.

(2.) This writ petition is impugning an order passed by Civil judge, Senior Division dated 31.1.2007 rejecting the application at exh.9 dated 20.6.2006 filed by the defendants for referring issue no.3 for decision to the Mamlatdar. The said issue No.3 was in the followingterms. "whether the defendants prove that they are tenants of the suit property -

(3.) This reference was sought in view of judgment of the Apex Court delivered in the case of Inacio Martins Versus Narayan Hari Naik, 1993 3 SCC 123 in which the Apex Court has held asfollows :-