( 1 ) IN this Second Appeal the main question of law that arises is whether an issue regarding tenancy arises in the present suit and is required to be referred to the tenancy court under the Bombay Tenancy and Agricultural Lands Act.

( 2 ) THE appellant is the original plaintiff who had liked the suit for redemption of the mortgage property being agricultural land. The suit was centested on the ground that there was an absolute sale and not in mortgage. However the plea of the defendants was negatived and it was held that the suit transaction was a mortgage and the preliminary decree for redemption was passed. The First Appeal to the District Court and the Second Appeal to the High Court failed. thereafter proceedings for final decree were taken before the trial court. At that stage the respondents-defendants raised a new contention based on sec. 25a of the Bombay Tenancy and Agricultural Lands Act 1948 which gives protection to a tenant who becomes usufructuary mortgagee of the same land and it provides that if any Land is mortgaged by a landlord by way of a usufructuary mortgage to a tenant cultivating such-land the tenancy of such land shall be in abeyance during