JUDGMENT

SAIKIA, J.:— This plaintiffs appeal by special leave is from the judgment of the High Court of Bombay in Second Appeal No. 983 of 1966 setting aside the judgment of the courts below and remanding the case to the trial court for hearing with a direction to refer the issue regarding tenancy to the tenancy authorities.

2. The appellants are the owners of land bearing R. S. Nos. 1442 and 1445, situate at kasba Karvir, within the municipal limits of Kolhapur. The said land was leased out to the father of respondent Nos. 1 and 2 and the husband of respondent Nos. 3 and 4 on October 12, 1950 for a period of ten years. The appellants had filed Revision Civil Suit No. 298 of 1964 against the respondents for possession thereof, mesne profits and for damages. It was averred in the plaint that the appellants had earlier initiated proceedings under the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Act, and in the said proceedings it was held that the provisions of the Act were not applicable to the land inasmuch as only grass grew thereon naturally. It was further averred that on expiry of the period of lease the appellants terminated the tenancy under