Judgment

KASLIWAL, J.:- This appeal by the grant of certificate under Art. 136 of the Constitution is directed against the judgment of the Bombay High Court dated 7-4-1978. This litigation has a long chequered history. The dispute relates to agricultural land bearing survey No. 784/1 situated within the municipal limits of Miraj town in Sangli District, Maharashtra. The area of the land is 1 acre 20 gunthas. Dhondiba Santu Lamdade was the original tenant of the land. He died issueless on 1-3-64. Dhondiba Santu Lamdade during his lifetime had taken two wives one of whom died during his lifetime but the other Dhondibai alias Sakhubai survived Dhondiba. On the evidence led before the Tenancy Aval Karkun (Special Tehsildar), he came to the conclusion that there was a divorce between Dhondiba Santu Lamdade and Sakhubai by a document dated 9-10-1947.

2. This land originally belonged to Sanmukh family and was purchased by Gurumukhsing Narayansing Chadda ( appellants ) on 21-8-64. After the death of Dhondiba, the present respondent Ganpati Narsinga Lamdade being the nephew of Dhondiba claimed tenancy rights in the land. He filed an application under S. 70(b) of the Bombay Tenancy and Agricul