1 CRA-227.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.227 OF 2010 Basavraj Oil Mills .... Applicant Vs. Nishikant Shivpad Nashte & Ors. .... Respondents Shri Shrishail Sakhare for the Applicant. CORAM: R.C. CHAVAN, J. DATED: JULY 15, 2010 P.C: The applicant, who is the original defendant in the suit filed before the learned Civil Judge, Junior Division, Kolhapur, is aggrieved by rejection of his application Exhibit-195 under Order 7, Rule 11 of the Civil Procedure Code for rejection of the plaint on the ground that the land which is the subject- matter of the suit was governed by the provisions of the Bombay Tenancy and Agricultural Lands Act and the applicant was a tenant in respect of the said land. The learned trial Judge has rightly held that tenability of a plaint has to be decided with reference to 2 CRA-227.10 the averments in the plaints and not on the basis of the defence that may be raised. Since the applicant has raised the defence of tenancy, the learned Judge would undoubtedly examine the said evidence, frame issue if necessary and refer it to the tenancy authority for decision. There was no need for the applicant to rush to this Court. The revision application is, therefore, rejected. (R.C. CHAVAN, J.)