JUDGMENT - S.B. MHASE, J.:---This appeal is directed against the judgment and decree passed in R.C.A. No. 33/66 passed by the District Judge, Buldana on 31-1-1981, wherein the said District Judge confirmed the decree of dismissal of the Suit No. 262/64 passed by Civil Judge, Sr. Dn., Mankar dated 12-10-1965. The present appellants are original plaintiffs.

2. The facts of this appeal are as under :--

The suit properties involved in this suit are the properties of Jahagirdar, viz. Nurul Jiyauddin son of Nurul Attkiya. The said Jahagirdar had executed lease of the suit land in favour of three persons viz., Sakharam, Ganeshlal and Motilal permanently under the registered deed of lease dated 28-6-1945. The defendants were recorded annual tenants of the suit land in the Record of Right. Therefore, Sakharam and others including Jahagirdar served a notice to quit under section 74(2) of the Berar land Revenue Code and then filed a suit bearing No. 94-A/47 against the defendants for possession of the suit land. This suit came to be dismissed. As the plaintiff's father and other co-lessees were specified tenants in lawful possession of the suit, the Deputy Commissioner of Buldana by his orde

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