KASHIRAM MANSING Vs. RAJARAM DAYARAM PATIL

JUDGEMENT

(1.) This is an application to us to exercise our revisional powers under Section 115 of the Civil Procedure Code with reference to an order passed by the Collector of East Khandesh purporting to be made under the revisional powers conferred upon him by Section 23(2), of the Marnlatdars Courts Act (Bombay Act II of 1906).

(2.) The applicant was the defendant in a suit instituted in the Court of the Mamlatdar by the opponent. The Court has power under the Mamlatdars Courts Act to give immediate possession of lands used for agriculture to any person dispos sessed or deprived thereof otherwise than by due course of law provided that the suit is brought within six months from the date on which the cause of action arose, the cause of action being deemed to have arisen on the date of the dispossession.

(3.) It is provided in Section 19 that if the plaintiff avers that he has been unlawfully dispossessed of any property the Mamlatdar shall proceed to hear all the evidence that is then and there before him and try the following issues :- (1) Whether the plaintiff or any person on his behalf or through whom he claims was in possession or enjoyment of the property or use claimed up to any time within six months before the suit was filed, and (2), whether the defendant is in possession at the time of the suit, and, if so, whether he obtained possession otherwise than by due course of law.