A. R. BAKSHI, P. N. BHAGWATI, J.

( 1 ) THESE revision applications involve a common point as regards the interpretation and application of sec. 85a of the Bombay Tenancy and Agricultural Lands Act 1948 The petitioner in each of the Civil Revision Applications Nos. 181 to 187 of 1965 filed a suit against the respondent of each revision application in which a question arose as to whether the defendant was a tenant or not. The issue as to whether the defendant was a tenant in the suit land was referred by the Civil Court to the Mamlatdar for his decision under sec. 85a of the Bombay Tenancy and Agricultural Lands Act and the suits were stayed till the decision of the competent authority under that Act. The Mamlatdar decided the issue and communicated his decision to the Civil Court. The plaintiff in each suit applied to the Civil Court for stay of the suit on the ground that he wanted to prefer an appeal against the decision of the Mamlatdar and that therefore the suit be stayed till the appellate authority decided the appeal. The learned Civil Judge refused to stay the suit on the ground that it was not necessary to wait for the decision of the appellate authority as the Mamlatdar had

Click Here to Read the rest of this document