FARAD CONTINUTION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Appeal From Order No. 844 of2004 with Civil Appln no.ll52 of 2004 -------------------------------------------------- Office Notes,Office Court or Judge’s Order Memorandum of Coram appearence,Court’s Orders & Directors and Registrar’s Order --------------------------------------------------- Mr N.V.Walawalkar for appellant Mr.S.M.Railkar for respondent nos.l to 4, 6, and 7 CORAM; A.M.KHANWILKAR J. CORAM; A.M.KHANWILKAR J. CORAM; A.M.KHANWILKAR J. DATED 24.l.2006 DATED 24.l.2006 DATED 24.l.2006 P.C. P.C. P.C. l. Heard the learned counsel for the parties. The view taken by the court below is founded on the opinion expressed by the Supreme Court coupled with the mandatory requirements of provision of the Bombay Tenancy and Agricultural Lands Act,l947. The question of tenancy will be exclusively triable by the tenancy court. If it is so, no fault can be found with the conclusion reached by the appeal court in setting aside the judgement and decree of the appeal court and relegating the parties to the trial court with direction to frame issue of tenancy to be tried by the tenancy court. Only on receipt of the answer from the tenancy court on the said issue, suit can proceed further. Hence appeal is dismissed. . As proceedings are pending for quite sometime, the trial court will frame the necessary issue of tenancy and refer the same to the appropriate tenancy court at the earliest. The tenancy court in turn shall decide the proceedings as early as possible and preferably within a period of six months from the date of receipt of such reference from the civil court. . Civil Application is disposed of accordingly.