JUDGMENT-These revision applications can be disposed of together as the question in both of them is the same. In a suit filed by the plaintiff in each of the cases the defendants inter alia pleaded that they were tenants of the suit land which is agricultural land and in both these cases in view of the pleadings of the defendants one of the issues raised by the Court was "Do the defendants prove that they were in possession of the suit land as tenants prior to the transaction dated March 27, 1967''. Notwithstanding the fact that such an issue was raised in both the matters, the learned Judge passed an order that "this issue regarding tenancy need not be referred to the Mamlatdar for his finding at this stage. It shall be referred to the Mamlatdar for his finding if the defendants produce some prima facie evidence to show that they were in possession of the suit lands as tenants prior to the transaction in question". He directed that in the meantime the hearing of the suit shall be proceeded with.

2. In a large number of cases it is found that by making a vague averment the defendant wants to have an issue as regards his tenancy to be referred to the authorities under the Bombay Ten

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