NARAYAN SAMPAT JAWANJAL Vs. HARINARAYAN SUKHDEO

JUDGEMENT

(1.) THIS is an application In revision by the defendant No. 1 from an order passed by the Civil Judge, Senior Division, Daryapur, under which he has framed seven issues and ordered that the issue No. 3 regarding the proof of legal necessity should be decided first and thereafter the fourth issue regarding the defendants proving that they had been tenants of the land be referred to the tenancy Court.

(2.) THE plaintiffs have filed a suit for partition and possession of their share of the suit property. Plaintiffs' case is that defendant No. 3, their father, had entered into a transaction apparently of a lease and that as a result of this transaction defendants Nos. 1 and 2, who are brothers, are in possession of the land. According to the plaintiffs this transaction which their father had with the other defendants is without legal necessity. They further plead that this transaction which appears apparently of a lease is, in fact, a loan transaction and not a lease deed at all

(3.) THE defendants contested the claim of the plaintiffs and have stated that they have been tenants of the suit land since the year 1956. The learned Civil Judge, during the course of the suit proceedings, framed several issues. They are as follows:--