RANJANABAI KASHINATH SHINDE Vs. GOVIND LAXMAN RAJENDRA

JUDGEMENT

(1.) BY this Petition under Article 227 of Constitution of India, the Petitioners who are first to eighth Defendants have challenged the Judgment and Order dated 10th January 2007 passed by the learned IV Joint Civil Judge, Junior Division and Judicial Magistrate First Class at Nasik below Application at Exh.17 in a suit filed by the first to fifth Respondents herein.

(2.) THE suit filed by the first to fifth Respondents relates to agricultural lands described in paragraph 1 of the plaint. The prayer in the suit is for perpetual injunction restraining the Petitioners and other Defendants from interfering with the alleged possession of the first to fifth Respondent over the suit land.

(3.) THE Petitioners and the sixth and seventh Respondents made an Application at Exh.17 praying that a reference be made to the Agricultural Lands Tribunal for deciding the issue of tenancy. While making the said application, the Petitioners and the sixth and seventh Respondents invoked the provisions of section 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the said Act of 1948). The first to fifth Respondents contested the said Application by filing a reply. By the impugned Judgment and Order dated 10th January 2007, the learned Trial Judge rejected the said Application by holding that the names of the Petitioners and sixth and seventh Respondents have been removed from the revenue record and the first to fifth respondents were in possession as per the revenue record. The learned Judge observed that the suit was simplicitor for injunction and therefore, it was not necessary to make a reference for deciding the issue of tenancy.