JUDGMENT - SAWANT P.B., J.: - This is a reference made by a learned Single Judge. The short question that arises in the case is : Has the Civil Court Jurisdiction to protect the possession of a party to the suit when he claims to be in possession in his capacity as the tenant either while making the reference or pending the reference under section 85-A of the Bombay Tenancy Agricultural Lands Act, 1948 (hereinafter referred to as "the Act").

2. In the present case, the plaintiffs claim to be the tenants of an agricultural land situate at Dhovali, Taluka Vasai, District Thane. It is also claimed by them that they were entitled to be declared as statutory purchasers of the suit land under the provision of the Act, However, for some reasons the proceedings for fixation of the price of the land which were once commenced were subsequently dropped. They claim to be in possession of the land since many years prior to the suit and have approached the Court since the defendant-landlords are trying to interfere with the possession. It also appears that the proceedings under section 145 of the Criminal procedure Code had preceded the suit and an order of attachment of the land was also passe

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