LAW FOR ALL

that they will take appropriate proceedings against the tenant. made in revenue proceedings is not an admission of plaintiffs possession ?= application made by the respondent for obtaining exemption certificate under Section 88C, should have been accepted as evidence in favour of the plaintiff, viz. that they will take appropriate proceedings against the tenant. 6. The revenue proceedings do show that the defendant has made some such statements, but those statements were made while seeking exemption. The Civil Court had to decide on the basis of the material that was adduced in evidence by the plaintiff before it. The Trial Judge could not hold that the plaintiff was in possession of the suit property on the basis of the material provided. The evidence of the plaintiff herself shows that her father was an officer in the aforesaid company, her husband was an officer in Merchant Navy and she was required to go along with him and she never visited this particular area i.e. the suit property for a number of years.- If the plaintiff was in possession of a parcel of land and cultivating the land, she would have got the appropriate certificate under Section 32-G of the Bombay Tenancy and Agricultural Lands Act and claimed to be "protected tenant". The plaintiff failed to obtain that certificate also. That apart, if the plaintiff was in possession of the land and cultivating the same, as is contended by her, there would have been a number of documents which could have been produced and relied upon by her, like electricity bills, bills for payment of water charges, etc. and even for that matter, an affidavit or evidence of the neighbours could have been obtained and placed on record. But nothing of that kind was filed by the plaintiff and ultimately the suit was dismissed.