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1979 Supreme(Bom) 109

R.S.PADHYE, R.D.TULPULE
Pandharishamrao Kolhe – Appellant
Versus
Meerabai Wd/0 Laxman Kolhe and others – Respondent


JUDGMENT - TULPULE R.D., J.: - This revesion application has been placed before us on the order of the single judge passed on 25th of August 1975, referring the question raised before him to the division bench, though no question as such had been specifically framed or referred to the division bench for its decision it is implicit in the matter making the reference that the question which was referred to the division bench for decision was whether in a suit under section 6 of the Specific Relief Act, if a defence is raised by the defendant that he was a tenant, has the issue to be referred to the tenancy authorities.

2. We may incidentally mention that after the matter was placed for

hearing before the division bench of this Court consisting of Dharmadhikari and Gadgil JJ., the division bench felt that as some important question of law were raised in the revision application which were of vital importance and likely to arise in many more matters, the matter should be decided by a larger bench. The revision application was then placed before a full bench consisting of Deshmukh, C. J. and Gadgil and Jamdar J J, when the full bench quashed the reference on the ground that it was not com




































































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