ORAL JUDGMENT (Per:- R. V. More, J.)

1. The present Letters Patent Appeal takes exception to the judgment and order dated 18.06.1997, passed by the learned Single Judge of this Court in Writ Petition No. 1834/1990, whereby the Writ Petition came to be allowed; quashing and setting aside the order of Tahsildar, Buldhana dated 16.09.1986 as confirmed by Sub Divisional Officer, Buldhana and Maharashtra Revenue Tribunal, Nagpur, and the matter was remanded back to the Tahsildar, Buldhana to decide the same afresh. The brief facts relevant for the disposal of the present Letters Patent Appeal are as under.

2. The dispute relates to the land bearing Survey No. 12/1 admeasuring about 5 Acres 37 G at village Chikhli, Mouza: Bhadola, Tq. Chikhali, dist. Buldhana (hereinafter referred to as 'said land' for the sake of brevity). The appellant started cultivating the said land as its tenant with effect from 07.05.1967. The respondent, the owner of the land, claimed that the appellant cultivated the said land on 'batai' terms, on partnership basis and, therefore, in the year 1973 instituted Regular Civil Suit No. 34/1973 for possession before the Civil Judge Senior Division, Buldhana. This suit

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