JUDGMENT - S.A. BOBDE, J.:This petition is directed against the order of the Maharashtra Revenue Tribunal dated 21st January, 1985 by which the Maharashtra Revenue Tribunal has reversed the findings of the learned Additional Collector who held that the respondent has surrendered the tenancy in respect of the agricultural land in question in petitioner's favour and that the respondents are therefore, not in possession of the land as tenants.

2. The predecessor of the petitioners i.e. the original petitioner Dattatraya Narayan Gupte was landlord of Survey No. 7/5 admeasuring 1 acre 10 gunthas situated in village Bamanghar Taluka Bhor. Alleging that the original tenant Dagdu Pandu Mandhare has surrendered the tenancy in his favour, Dattatraya Gupte filed a suit in the Court of Civil Judge J.D. Bhor for an injunction restraining the respondent from disturbing his cultivation of the land in question. The defendants to the suit and the present respondents are admittedly the heirs of the original tenant Dagdu Pandu Mandhare.

3. The Civil Court referred the following question under section 85-A of the Bombay Tenancy and Agricultural Lands Act :

“Do the defendants prove that defendant No. 1 is

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