JUDGMENT

This tenants appeal by grant of special leave is directed against judgment and order of the Bombay High Court dismissing the writ petition filed under Article 226 of the Constitution in limine.

2. The only dispute that arises for consideration is if the Maharashtra Revenue Tribunal (hereinafter referred to as the Tribunal) was justified in interfering with the findings of fact recorded by the appellate authority in exercise of its jurisdiction under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act). The dispute is about Survey No. 91. The appellant claimed by filing a Tenancy Case No. 31/1973 under S. 70(b) of the Act seeking declaration that he had become tenant of the land in dispute. Later on he filed a civil suit for injunction against the landlord. Since on the pleadings issue of tenancy arose the Court made reference under Section 85 of the Act to the Tehsildar for recording a finding whether the appellant was a tenant. Both, the claim filed under the Act and the reference made by the Civil Court were taken up by the appropriate authority, namely, the Tehsildar and it was held in favour of the landlord. In appeal, t