NARAYANRAO VASANTRAO KHARDE Vs. MAHARAJASAHEB FATEHSINHRAO PRATAPSINGHRAO GAEKWAD SMT

JUDGEMENT

(1.) This is a petition under sec 115 of the Civil Procedure Code by the original defendants of the civil suit no. 1495 of 1972 pending in the court of the Civil Judge (J.D.) Baroda. the petitionerdefendants hereby challenge the order of the learned trial Judge deleting the issue about their tenancy of the suit land and therefore declining to refer the said issue to the Mamlatdar under sec. 85A. of the Bombay Tenancy Act 1948

(2.) A few facts require to be stated. The respondent plaintiff has filed the said suit for an injunction restraining these petitioners defendants from interfering with his possession of the suit land which according to the plaintiff admeasures about 37 Bighas. The prayer sought for in the suit is reproduced below from paragraph 11 (1) of the plaint after translating it :-

(3.) The petitioners defendants by filing the written statement Ex. 12 in substance did not dispute the plaintiffs ownership over the land. Their say in substance is reproduced below as translated:-