JUDGMENT :- This appeal by special leave arises from the judgment of the High Court at Bombay in Special Civil Application No. 277 of 1972 dated 8th September, 1977. The respondent-landlord filed Civil Suit No.10/68 in the Court of Civil Judge, J.D. at Akkalkot. Since the appellant raised plea of oral tenancy for the year 1968-69, the Civil Court referred the issue: "Does the defendant prove tenancy over the suit land thereon"? to the Tehsildar who in his proceedings held that in respect of Survey No.3 to the extent of 16 acres 26 Gunthas situated in Mirajgi village belongs to the respondent and the appellant had not proved oral tenancy. Thereon, the appellant carried the matter in appeal to the Special Deputy Collector, Tenancy Appeals, Sholapur, who held that oral tenancy was established. Even otherwise, the appellant is a deemed tenant under Section 4 of the Bombay Tenancy and Agricultural Land Act, 1946 (for short, "Tenancy Act"). On revision, Maharashtra Revenue Tribunal, Pune, confirmed the findings. A writ petition was filed under Article 227 of the Constitution.

2. The learned Single Judge of the High Court, while holding that since the issue referred to the Tribunal under t