JUDGMENT - 1. This is a Revision Application from the order of the Civil Judge, Junior Division, Kagal, declining to make a Reference to the authorities under the Bombay Tenancy Act, 1948, under Section 85 - A thereof, of the issue as to whether the present petitioner is a tenant within the meaning of that Act. The plaintiff - landlord had filed the suit in that Court for possession of his half share in land bearing S. No. 84/1 and for mesne profit. By his written statement, the first defendant - tenant had, inter aliaa, contended that the court had no jurisdiction to decide whether he was a tenant under the Bombay Tenancy Act and hence an issue in that behalf should be referred to the competent authorities under that Act for decision. The trial court declined to make the Reference on the ground that that issue had already been decided against the present petitioner on 18-10-1960 by the authorities under the said Act in proceedings under Section 88 - C between the same parties in respect of the same land initiated by the plaintiff - landlord, and directed that the hearing of the suit be proceeded with. It is against that order that the first defendant - tenant has approached this C

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