This appeal by special leave is at the instance of the tenant who claimed the benefit of Sections 4 and 4 A of the Bombay Tenancy and Agricultural Lands Act, 1948 when a suit for eviction was laid by the respondent No.
1 took the stand that the appellants and their predecessor were number in lawful cultivation of the property and, therefore, the benefit of Section 4 of the Act was number admissible.
The appellants who are heirs of the original defendant maintained that their father had companye into possession in 1968 and had been cultivating the land said to be 5 acres in extent and on his death, the appellants have stepped in.
As required by the statute, the Civil Court made a reference to the companypetent authority for determining the tenability of the claim.
1 in the Civil Court.
The respondent No.
