JUDGMENT

Shah, J.-Leave granted.

2. In appeal from Order No. 48 of 1997, the High Court of Bombay, bench at Aurangabad by its judgment and order dated 12-7-2001 dismissed the appeal and confirmed the order passed by the Additional District Judge, Latur in Regular Civil Appeal No. 314 of 1993 directing the trial Court to frame a specific issued on the point tenancy and to refer it to the competent Court for its determination under the Tenancy Act.

3. Before deciding the question involved, brief resume of facts is necessary. Appellant No. 1 Venkatarao Anantdeo Joshi and his mother Bhagirathibai (since deceased) filed Civil Suit No. 51 of 1973 for partition against Anantdeo (father of appellant No. 1-since deceased) and Malatibai (wife of appellant No. 1). It was alleged that Anantdeo and Malatibai were residing separately from appellant No. 1 and his mother at different place. The suit was filed for partitioning the joint family property, namely, agricultural land in Survey No. 60/A admeasuring 7 acres 3 gunthas, a house and plot at village Hippalgaon, Taluka Nilanga, District Latur. It was contended that Anantdeo had transferred a portion of ancestral property in Survey No. 60/A in fav