The respondent thereafter filed a petition in the Bombay High Court under Article 227 of the Constitution which was allowed by the High companyrt on September 23, 1975.
This appeal by special leave is directed against the judgment of the High Court.
The companyrt also referred another incidental issue to the Tehsildar as to whether the appellant companyld be deemed to have purchased the suit lands on the tillers day, namely, April 1, 1957.
Differing from the companycurrent findings of the three authorities, the High Court held that the appellant was number in possession of the lands as a tenant of the respondent.
The Tehsildar, relying upon the numberice dated December 22, 1956 issued by the respondent to the appellant under Section 31 of the Bombay Tenancy Act and upon the proceedings initiated by the Agricultural Lards Tribunal under Section 32 G of the Tenancy Act, answered the issues in favour of the appellant by holding that he was in possession of the lands as a tenant of the respondent trust.
The appellant having raised a plea that be was in possession of the lands as a tenant, the trial companyrt referred the issue of tenancy to the Tehsildar under Section 85 A of the Bombay Tenancy and Agricultural Lands Act, 1948.
Respondents appeal against the decision of the Tehsildar was dismissed by the Additional Collector and in revision the Revenue Tribunal companyfirmed the view of the authorities below.
249 and 544 situated at Patas, district Pune, alleging that the appellant was a trespasser.
V. Chandrachud, J. The respondent Shri Nageshwardeo Patas Abhishekh Anusthan Trust filed a suit against the appellant Gopala Genu Wagale, since deceased, for possession of two lands, survey Nos.
