The appellants application for leave to appeal under the Let ters Patent having been rejected by the High Court, they have obtained special leave to appeal.
1 2 companytested the suit companytending, inter alia, that the civil companyrt had numberjurisdiction inasmuch as the Act was applicable to the land and that they having number been in wrongful possession thereof, the numberice of termina tion was invalid.
3 and 4 on October 12, 1950 for a period of ten years.
The trial companyrt and the High Court held that Ext.
The respondent Nos.
From the Judgment and Order dated 27.3.72 of the Bombay High Court in Appeal No.
The said land was leased out to the father of respondent Nos.
1 2 being absent, after recording the appellants evidence, by Judgment dated July 17, 1965 decreed the suit in favour of the appellants.
1 and 2 and the husband of re spondent Nos.
It was further averred that on expiry of the period of lease the appellants terminated the tenancy under the provisions of the Land Revenue Code and filed the aforementioned suit.
The learned trial companyrt tried the issues regarding the applicability of the Act, jurisdiction of the civil companyrt, and estoppel, out of the issues framed, as preliminary issues and by order dated March 16, 1965 fixed the date for hearing of the other issues and on that date the respondent Nos.
The appellants had filed Revision Civil Suit No.
It was averred in the plaint that the appellants had earlier initiated proceedings under the Bombay Tenancy and Agricultural Lands Act, 1948, herein after referred to as the Act, and in the said proceedings it was held that the provisions of the Act were number applica ble to the land inasmuch as only grass grew thereon natural ly.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
983 of 1966.
1582 of 1973.
983 of 1966 setting aside the Judgment of the companyrts below and remanding the case to the trial companyrt for hearing with a direction to refer the issue regarding tenan cy to the tenancy authorities.
Mrs. C.K. Sucharita for the Respondents.
B. Bhasme and V.N. Ganpule for the Appellants.
The appellants are the owners of land bearing R.S. No.
1442 and 1445, situate at Kasba Karvir, within the municipal limits of Kolhapur.
The Judgment of the Court was delivered by SAIKIA, J. This plaintiffs appeal by special leave is from the Judgment of the High Court of Bombay in Second Appeal No.
298 of 1964 against the respondents for possession thereof, mesne profits and for damages.
