N. A. BRITTO, J.

( 1 ) THIS is a defendants second Appeal, arising from Regular Civil suit No. 203/88.

( 2 ) THE parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

( 3 ) BY order of this Court dated 19- 01-01. this second Appeal was admitted on two substantial questions of law which read as follows : where in view of the specific plea raised by the appellants (defendants), to the effect that they were tenants/deemed purchasers of the suit property, by virtue of the provisions of the Agricultural tenancy Act, 1964, the Courts below could have proceeded with the suit and recorded a finding on the issue of tenancy? whether in view of the specific plea raised by the appellants (defendants), that they were tenants/deemed purchasers under the Agricultural tenancy Act, 1964, in respect of the suit property, it was obligatory on the Courts below, to have stayed the suit and directed the appellants to obtain a declaration of tenancy rights in respect of the suit property?

( 4 ) TO get a hang of the controversy, it may be stated, that the plaintiff had filed the said Civil Suit, inter alia, to declare that the construction of thre