JUDGMENT - B.G. DEO, J.:---In view of the conflict of decisions by this Court, resulting in uncertainly of law and consequent confusion in the minds of the litigants, mostly agriculturists, a question of far-reaching importance has been referred to the Division Bench of this Court for decision by the Honourable the Acting Chief Justice, at the instance of Pratap. J., of this Court.

2. The question referred is as under :---

"In a suit simpliciter for a permanent injunction, is it necessary to frame an issue of tenancy either of the plaintiff or of the defendant?"

3. This reference arose out of Regular Civil Suit No. 71 of 1979 filed by plaintiff-Bhagwanrao in the Court of the Civil Judge (Junior Division), Bevarai, District Beed, for a permanent injunction simpliciter for restraining the defendant No. 1---Ganpatrao and defendant No. 2---Mrs.. Kamlabai from disturbing his possession over the suit field being a portion of survey No. 260, situated at Umapur. Bhagwanrao contends that he is a tenant in possession in respect the suit field by virtue of a Batai-Patrak, dated 8-5-1978, executed by defendant No. 1 - Ganpatrao in his favour. The defendant s disputed plaintiff's possession over t

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