( 1 ) THIS revision petition has been referred to a Division Bench for disposal by the order dt. 16-10-1869 made by Narayana Pai, J. , as he then was.

( 2 ) THE petitioner is the plaintiff in O. S No. 171 of 1963 on the file of the Court of the Munsiff at Jamkhandi and the respondent is the defendant in the said suit. The plaintiff sued for a permanent injunction restraining the defendant from interfering with the plaintiff's possession of the suit lands. The plaintiff's case is that she was in lawful possession of the suit land on the date of the suit and that the defendant is unlawfully interfering with her possession. Therefore, she prayed for a permanent injunction. The defendant filed a written statement denying the plaintiff's possession of the suit lands and further contending that he is the protected tenant of the suit lands under the Bombay Tenancy and Agricultural lands Act, 1948. On the basis of the said pleadings, the learned trial Judge framed issue No. 2 raising the question of the protected tenancy set up by the defendant. The said issue reeds thus "whether the defendant is the protected tenant of the suit lands? " on 21-9-1966, the Court below referred issue No 2 fc

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