-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO.441 OF 2006 APPEAL NO.441 OF 2006 APPEAL NO.441 OF 2006 Dinanath Vithal Tandel & Ors. ...Appellants vs. Shrimant Shivram Khem Sawant Bhosale & Others ...Respondents Mr.G.J.Sabnis for the Appellants Mr.M.D.Parab for Respondent No.5. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 : FEBRUARY 20, 2008 P.C.: P.C.: P.C.: 1. Heard Advocate for the Appellant and the Advocate for the Respondent No.5. The Appeal stands abated as against the second Respondent. The other Respondents have been duly served. 2. My attention has been invited to paragraph 1 of the order dated 24th April 2006 which reads thus : "1. Heard Shri Sabnis appearing for the Appellants. He states that the challenge to the sale deed is not established by the Appellant. He pointed out that the Appellate Court has admittedly recorded a finding on the plea of tenancy of the Appellants. He submitted that the Appellants desire to apply under section 70 (b) of the Bombay Tenancy and Agricultural Land Act,1948 for establishing tenancy and therefore, it may be clarified that the Agricultural Lands Tribunal will decide the -2- Application by ignoring the findings recorded by the Courts below as the said findings are without jurisdiction." 3. The submission of the learned Advocate for the Respondents is that the Application under section 70 (b) of the Bombay Tenancy and Agricultural Lands Act,1948 has been filed after the decision of the Appellate Court. 4. It is obvious that the said application has to be decided independently by the Authorities under the said Act of 1948 without being influenced by the findings recorded by the courts below on the plea of tenancy raised by the Appellants as the Authorities under the said Act of 1948 have exclusive jurisdiction to decide the plea of tenancy. 5. Subject to aforesaid clarification, it is not possible to interfere with the impugned Judgments and Decrees as no substantial question of law is involved. 6. Subject to clarification made above, Second Appeal is dismissed with no order as to costs. JUDGE JUDGE JUDGE