Judgment - Shah, J.

1. The plaintiff filed Suit No. 408 of 1949 in the Court of the Civil Judge (junior Division) at Shahapur against the two defendants for a decree for possession of certain lands from the defendants, together with future mesne profits and costs. It was the plaintiffs ease that the defendants were his tenants, that ho called upon the defendants to vacate and deliver possession on the expiration of the month of March 1949, and the defendants having failed to deliver possession he filed the suit.

2. The defendants by their written statement contended inter alia that the suit lands were agricultural lands, that they were protected tenants under the Bombay Tenancy and Agricultural Lands Act (67 of 1948), and that the Court had no jurisdiction to entertain the suit.

3. The learned trial Judge held that the Court had jurisdiction notwithstanding the Bombay Tenancy and Agricultural Lands Act (67 of 1948), and passed a decree in favour of the plaintiff directing the defendants to deliver possession of the suit lands to him, together with future mesne profits to be ascertained under Order 20, Rule 12, Civil P. C.

4. An appeal was preferred by the defendants to the District Cou

Click Here to Read the rest of this document