1973 (4) TMI 126

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..... of together as the question in both of them is the same. In a suit filed by the plaintiff in each of the cases the defendants inter alia pleaded that they were tenants of the suit land which is agricultural land and in both these cases in view of the pleadings of the defendants one of the issues raised by the Court was "Do the defendants prove that they were in possession of the suit land as .....

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..... he Civil Court to decide or determine inter alia the question whether a person is a tenant or not of any agricultural piece of land and if such an issue arisen in a suit, under Section 35-A it becomes obligatory on the part of Civil Court to refer such issue for determination by the authorities under the Act, for decision and the Court is required to stay the suit. If an issue as regards tenancy i .....

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..... estion has to be determined by the authorities under the Act. 3. As frequently this question arises, a little caution is required to be exercised before the Court actually frames such an issue. Under Order 14 of the Code Civil Procedure an issue can only arise when a material proposition of fact or law is affirmed by one party and denied by the other. When a vague plea is made by the defendant co .....

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..... e Court has no other option but to refer such issue for decision to the authorities under the Act. In the present case, such an issue as regards tenancy having been raised in both these matters, it was not permissible to the Court to direct the defendants to produce prima facie evidence in support thereof, because determination of such an issue is taken away from the jurisdiction of the Court and .....

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..... ns of Sections 85 and 85-A, it was obligatory upon the Court to refer this issue to the authorities under the Act for determination. 7. In the result, both these revision applications are allowed. The rule is made absolute in each of these cases. The trial Court is directed to refer issue no.4 for determination by the authorities under the Bombay Tenancy and Agricultural Lands Act, 1948. Each par .....

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