SUJANBAI HARIBHAU KAKDE Vs. MOTIRAM GOPAL SARAF

JUDGEMENT

(1.) This revision application has been filed against the order passed by the learned Joint Judge of Akola in Miscellaneous Civil Appeal No 6 of 1975 dismissing appeal of the applicants against the order of the trial Court passed in Regular Civil Suit No. 167 of 1972, granting temporary injunction against them restraining them from interfering with the possession of the suit fields.

(2.) The subject matter of this litigation consists of two agricultural lands bearing survey Nos. 35 and 36/2 situated at Gondeshwar in Akola district. These lands admittedly belong to non-applicant No. 1. On 12th July, 1972, the present applicants had filed a suit being Regular Civil Suit No. 105 of 1972, against the present non-applicant No. 1 and Vithal for a permanent injunction restraining these two defendants from interfering with their possession and cultivation of the suit lands. It appears that the applicants had also prayed for temporary injunction in the suit and an ex parte injunction was granted. However, it was vacated after the defendants appeared in the suit and contested it. An appeal was preferred against the vacation of the stay but that appeal was also dismissed. In that suit the applicants claimed that one Haribhau who was the husband of applicant No. 1 and father of applicants Nos. 2 and 4 had been cultivating suit lands as tenant for the last 10 to 12 years till his death and that after his death, the applicants had become tenants in respect of the suit lands as heirs of Haribhau and were as such cultivating them. They alleged that non- applicant No. 1 was interfering with their possession and was trying to oust them. It is on these allegations that they sought the temporary and permanent injunctions. It appears that non-applicant No. 1 appeared in that suit and denied the claim of the applicants to be the tenants of the suit land and on this contention an issue was raised as to whether the applicants were tenants of the suit lands. This issue regarding tenancy had been referred to the competent authority under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as "the Act") on 14th December, 1973.

(3.) I am told that the competent authority has not yet decided the issue which has been referred to it as above and the matter is still pending before it.