BABURAO ANANT DHAGE Vs. JAGANNATH GOPALA KARALE

JUDGEMENT

(1.) THIS Civil Revision Application is directed against the Judgment and order, passed by the learned Civil Judge, Junior Division, Rahuri, dated 18th April 1984, below Exhibit 1 in Regular Civil Suit No. 116 of 1981; and the order of dismissal of Regular Civil Appeal No. 165 of 1984, preferred against the said Judgment and order, decided on 14th March 1989 by the learned Second Additional District Judge, Ahmednagar.

(2.) THE short question which is involved in the present Civil Revision Application is, as to whether the orders passed by both the Subordinate Courts, refusing to entertain the suit filed by the Petitioners, under O. VII, R. 11 (d), C. P. C. that is, where the suit appears from the statement in the plaint to be barred by any law- are proper and legal. The objection raised to the suit filed by the plaintiffs is based on section 85 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act"), which is as follows: 85. Bar of Jurisdiction.

(3.) BOTH the Courts have held that the suit is barred in view of the provisions of section 85 of the Tenancy Act; and have, therefore, returned the plaint.