JUDGMENT - KHANWILKAR A.M., J.: - This writ petition takes exception to the judgment and order dated September, 29, 1988 in Revision Application No. MRT-KP-53/1985 passed by the Maharashtra Revenue Tribunal, camp at Kolhapur. Briefly stated, the land in question is agricultural land bearing Survey No. 95 of village Gargoti, taluka Bhudargad, district Kolhapur. The land was owned by Yashodabai, wife of Shripatrao Shinde. The predecessor of the respondent instituted Suit No. 121 of 1962 for possession under section 29(2) read with section 33(b) of the Bombay Tenancy and Agricultural Lands Act. However, that suit was withdrawn. Later on, another suit came to be filed, being Regular Civil Suit No. 391 of 1976 for relief of possession and injunction against the petitioner. In the said suit, the petitioners filed written statement asserting that they were inducted in the suit land as tenant since the year 1960 and were in occupation thereof in that capacity. In view of that plea taken, the Civil Court framed issue regarding the tenancy in the following terms :

"Whether defendants Nos. 1 and 2 are the tenants of the suit lands ?"

2.That issue was referred to the tenancy authority by the Civ

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